RAJENDRA GADGE Vs. STATE OF GOA

JUDGEMENT

(1.) Petitioner in this petition seeks to challenge the order dtd. 23/8/2018, 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 It is refused on the ground that the conversion sanad issued in 1986 is no longer valid.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 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 dtd. 28/5/1986 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 dtd. 24/4/2017 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 dtd. 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.

(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 dtd. 14/9/2017, 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 2021 and, therefore, development in the said property was contradictory to the said RPG 2021.