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IN THE HIGH COURT OF BOMBAY AT GOA

WRIT PETITION NO.81 OF 2020

Rajendra Gadge,

s/o. Raju Gadge, major of age,

Indian National, R/o.

H.No.762/B, Agnes Villa, Khoirut

Aldona, Bardez-Goa, Through

his POA Holder Rajkumar

Gadge, S/o. Raju Gadge, Major

of age, Indian National, R/o.

H.No. 762/B, Agnes Villa,

Khoirut Aldona, Bardez-Goa.

... Petitioner

Versus

1

State of Goa

Through the Chief

Secretary, having office at

Secretariat, Porvorim, Goa.

…. Respondents

2

Deputy Town Planner,

Office of the Senior Town

Planner, North Goa District

Office,

Town and Country Planning

Department,

Govt. Buidling Complex,

Mapusa Goa.

3

Senior Town Planner,

Office of the Senior Town

Planner, North Goa District

Officer, Town & Country

Planning Department, Govt.

Building Complex, Mapusa

Goa.

4

Town and Country Planning

Board,

Through its Member

Secretary,

2

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Town and Country Planning

Department, Govt. of Goa,

2^nd Floor, Dempo Tower,

Patto Plaza, Panaji Goa.

5

Chief Town Planner,

Office of the Chief Town

Planner, 2^nd Floor, Dempo

Tower, Patto Plaza, Panaji,

Goa.

6

Town and Country Planning

Department,

Through its Secretary

having office at Secretariat,

Porvorim, Goa.

Petitioner in person.

Mr. D. Pangam, Advocate General with Mr. Prashil Arolkar,

Additional Government Advocate for the Respondents No.1 to

3,5 & 6.

CORAM: REVATI MOHITE DERE &

M. S. JAWALKAR, JJ.

Reserved on : 25^th November 2021

Pronounced on : 9^th December 2021

JUDGMENT : (Per M.S. Jawalkar, J.)

Petitioner in this petition seeks to challenge the

order dated 23.08.2018, by which respondent no.2 - Deputy

Town Planner refused to issue technical clearance for proposed

construction in the property bearing Survey No.18/4 of Village

Aldona, Bardez-Goa. It is refused on the ground that the

conversion sanad issued in 1986 is no longer valid.

2.

It is the case of the petitioner that, he is the owner of

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the property known as “Dragachem Bata” or “Mainwado”,

admeasuring about 1400 square metres. In the year 1986, the

petitioner's predecessors in title had obtained conversion sanad

dated 28.05.1986 in respect of the said property. That in the

Regional Plan for Goa 2001 the said property was zoned as

“settlement”. On the basis of said zoning the petitioner made

an application dated 24.04.2017 to respondent no.2 to obtain

technical clearance for construction in the said property.

Documents pertaining to an adjacent property, which he

obtained under RTI, were also submitted to the authorities by

the petitioner to bring to the notice of the respondent no.2 that

the petitioner's property had topographical similarities as well

as similarities on the parameters required for obtaining

technical clearance vis-a-vis the said adjacent property. Both

properties shared a boundary and both had been marked as

“settlement” in Regional Plan 2001 and as “paddy field” in

Regional Plan 2021. The said file pertaining to the adjacent

property was approved by respondent no.4 i.e. Town and

Country Planning Board vide order dated 21.10.2013, in

pursuance to which development project was undertaken and

even completion certificate was issued by respondent no.2. He

placed supporting documents on record.

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3.

Petitioner further submits that Respondent no.2,

instead of issuing technical clearance order, forwarded the

petitioner's file to the Chief Town Planner for opinion.

However, respondent no.2 did not forward the file pertaining to

the said adjacent property which petitioner has submitted along

with his application. Vide letter dated 14.09.2017, respondent

no.2 – Deputy Town Planner refused to grant technical

clearance for construction to the petitioner. The said refusal

was on the ground that the property of the petitioner bearing

survey no.18/4 of village Aldona was zoned as “paddy field” in

the Regional Plan for Goa 202