PANAJI: The Bombay High Court has dismissed objections from a builder concerning a single judge’s hearing of a petition by green activist Avertino Miranda regarding unlawful construction in an open area in Porvorim. Miranda challenged the decision of Bardez’s town planner, who retracted its own show cause notices issued to the builder.
The High Court affirmed that a single judge could review Miranda’s petition and extended the stay originally granted in December against any further development or construction of the commercial building. Miranda, the owner of a plot in Socorro, argued that the property was subdivided into smaller plots, designating two open spaces in the subdivision plan approved by the Panaji Planning and Development Authority in 1980.
He contended that the property was sold as a complete holding without disclosing the open space, and construction commenced in that area without adhering to the required 35-meter setback from the national highway’s central line.
After reporting the issue to the panchayat, which escalated it to the director of panchayats, Miranda faced continued inaction from the authorities. Consequently, he approached the High Court, which directed the TCP to issue new show cause notices to the builder. The court noted that construction appeared to be occurring in a designated open space and within the setback area.
Following the High Court’s ruling, the Bardez TCP issued show cause notices to the builder and a private party last year. A personal hearing was subsequently held by the senior town planner, Mapusa, after which the show cause notices were withdrawn.
