PEOPLE'S MOVEMENT Vs. CONSERVATION COMMITTEE

JUDGEMENT

(1.) HEARD Mrs. Norma Alvares, learned Counsel on behalf of the petitioners.

(2.) THE Petitioners in this petition filed in public interest, raised certain issues as regards zoning and constructions being allowed on hill slopes, being detrimental to planning and environment. The Development Regulations of the year 1989 had prohibited the construction on such hill slopes having gradient of more than 25% but such a restriction disappeared from the Planning Regulations of 2000. The Petitioners had challenged the grant of permissions to Respondent nos. 6, 7 and 8, but during the pendency of the petition an affidavit was filed stating that as far as Respondent Nos. 6 and 7 are concerned, a decision was taken by the Planning Board on 18-2-2003 that the land should be reverted to its original land use i. e. recreational conservation and as far as Respondent No. 8 is concerned the height of the structure was restricted not to exceed 12 meters as per the Order of the Minister dated 18-2-2003, and the Petitioners, as stated by learned Counsel on behalf of the Petitioners, are, satisfied about the said decisions taken. Subsequently, the Government issued Circular dated 25-3-2005 by which the development Authority (Development Plan Regulation 2000) were sought to be enforced in the respective planning areas which, inter alia, provided that no development would be permitted in areas having gradient of 25% though the said circular might not have legal sanctity. Nevertheless the fact remains that the government did prohibit constructions on slopes having gradient of 25% and above. Thereafter the Government has published what is known as the Goa Land development and Building Construction Regulations, 2008 and pursuant thereto, has published certain Draft Regulations which also provide that no construction would be permissible in areas having gradient of more than 25%, and which sufficiently address the concern of the Petitioners. As things stand today, the concerns of the Petitioners that no development ought to be permitted in such areas having a gradient of 25% have been sufficiently taken care of by the authorities, and, as such at present nothing survives in this petition and therefore the same is hereby dismissed as infructuous.