PANAJI, The Bombay High Court has directed the Goa Town and Country Planning Board to mark all pending and future applications for improvement of floor area ratio and height permissions as subject to ongoing legal challenge.
A division bench of Justices Valmiki Menezes and Amit S Jamsandekar issued the directions after noting that as many as 255 applications were currently pending before the bench, while refusing to grant interim relief in the PIL against amendments to the building regulations in the state.
The Goa High Court bench on Wednesday directed that all such applicants, as well as those who may apply in the future, be informed of the pendency of the petition challenging the amended Regulation 6.1.1 of the Goa Land Development and Construction Regulations, 2010, which grants additional FAR for construction.
The FAR in Goa regulates building density by specifying the maximum permissible building area in relation to the size of the plot of land.
If permissions are granted, the orders must clearly state that they are subject to the final outcome of the petition, the bench said. The authority also clarified that applicants whose proposals are approved cannot claim any royalties based on these permissions since the validity of the provision itself is under challenge.
In addition, the court said that a copy of its order must be attached to every approval granted under the amended regulations to ensure that applicants are aware of the ongoing proceedings.
These directions came as the court rejected the interim relief sought by NGO Goa Foundation and others, who had challenged the amendment notified in August 2023 as ultra vires of the original law.
The petitioners sought to stop further relaxations in FAF and height restrictions, along with restrictions on new buildings and occupancy permits associated with these relaxations.
The Goa Corporation has urged the High Commission to issue directions not to allow any further construction work on the basis of these permissions, if they are not initiated or completed.
The PIL also sought an interim direction that, pending final hearing of the petition, no certificate of completion or occupancy shall be granted for buildings of enhanced height or enhanced height, to the extent they exceed the limits stipulated in the Regional Plan and/or Detailed Development Plan.
Regional plan and/or comprehensive development plan.
Goa Corporation also sought an interim direction that, pending final hearing of the petition, constructions initiated on the basis of enhanced FAR and height permissions shall not exceed the limits stipulated in the Regional Plan and/or Detailed Development Plan.
However, the bench noted that granting such interim relief would be tantamount to granting final relief or suspending the legislation at this stage, particularly when the aggrieved parties have not yet been heard.
The case was postponed to the final hearing on June 15.
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