Environmental clearances and building permissions must comply with statutory requirements, with due process upheld in assessments, ensuring that constructions on sloped terrains adhere to land use regulations.

JUDGMENT :

1. The two PIL Writ Petitions are filed for redressal of a common grievance, being illegal grant of technical clearance and in the matter of approval of plans by the Town and Country Planning Department of Government of Goa and Mormugao Planning and Development Authority (MPDA) for the proposed construction of Multi-Family Dwelling Villas and Swimming Pools in Survey No.257/1 of village Sancoale within limits of village panchayat Sancoale, Mormugao, Goa.Objection is also raised to the grant of construction license of village panchayat Sancoale in favour of the project proponent, M/s Parmesh Construction Company Ltd., having its registered office in Uttar Pradesh.

2. PIL Writ Petition No.2020 of 2025 is filed by Goa Bachao Abhiyan, a Non-Government Organisation through its Convenor, in which the project proponent is impleaded as Respondent No.5 and the Petition seeks the following reliefs :-

(a)Issue a writ of Certiorari or any appropriate writ, order or direction quashing and setting aside the Technical Clearance/Development Permission No.MPDA/7-P-165/2023- 24/1254 dated 2/2/2024 granted by Respondent authorities in favour of Respondent No.5 for the project “Acqua Eden” in Survey No.257/1 of Sancoale village, as well as quashing the Construction License dated 11/3/2024 issued by the Village Panchayat of Sancoale for the said project, and any other consequential building permissions or clearances issued thereafter in respect of this project;

(b)Issue a writ of Certiorari or any appropriate writ, order or direction quashing and setting aside the NOC/Permission dated 03/06/2025 under ref no. MPDA/7-P-165 (Part)/2025-26/332 granted by Respondent authorities in favour of Respondent No.5 for the project “Acqua Eden” in Survey No.257/1 of Sancoale village.”

Apart from the aforesaid reliefs, the Petition also seek issuance of writ of Mandamus directing the authorities to strictly enforce the Goa Land Development and Building Construction Regulations, 2010 and the EIA Notification 2006 in relation to the project in question and thereby restrain the project proponent from undertaking any construction or development work at the site, without ensuring its compliance.It is also prayed that the registration of the project “Acqua Eden” be suspended and the Goa Real Estate Regulatory Authority (RERA) be directed to take appropriate action under Section 7 of the RERA ACT , 2016 against the promoter and direct RERA to issue a public notice or advisory informing the existing and potential buyers about the legal status of the project and warn them of the risk of investing into this project.

The PIL Writ Petition also seeks constitution of an independent Expert Committee to investigate the matter of illegal hill cutting alongwith the regulatory lapses in “Acqua Eden” project, which shall comprise of different functionaries, so that it can report to the Court on the alleged violations and feasibility of the project on the site, without causing any damage to the environment and also ix the accountability on the officers, who have acted in dereliction of duty.

The Petition filed by Goa Bachao Abhiyan specifically offers the particulars of the Petitioner, as a civil society organisation, formed in the year 2006, for adverting to public causes and has given its credentials in Part II of the Petition, with the details of the proceedings instituted by it in past in larger public interest and it i