PANAJI: The high court of Bombay at Goa has called for replies from the govt authorities concerned in a new public interest litigation challenging development permissions granted by the town and country planning (TCP) department in a private forest at Salvador do Mundo.
Architect and former member of the state level committee for preparation of the Regional Plan 2021, Dean D’Cruz, submitted to the high court that the TCP department did not correctly overlay the forest department’s private forest map, thereby reducing the private forest and increasing the settlement area.
The contour plan shows the number of villas on slopes as 1:4, which is not allowed under the TCP Act, he submitted. The drawings are prima facie manipulated, showing sections with very limited slopes partly going out, set aside, and not taking into account the actual steep slope areas, the petition stated.
Permissions issued by the TCP department are overlapping with the private forest plan of Salvador do Mundo, the petition further stated.
D’Cruz is seeking cancellation of the permissions granted for residential villas/row houses/swimming pool by the TCP department and construction licence by the local panchayat.
He submitted that Section 17A of the TCP Act, 1974, prohibits hill-cutting and aims to protect the state’s natural topography, particularly hills, from environmental degradation caused by indiscriminate land development activities.
The rationale behind the provision is rooted in ecological preservation, sustainable development, and the prevention of environmental hazards, D’Cruz submitted, adding that the main intention behind prohibiting hill-cutting is to prevent soil erosion and landslides.
Hills are a natural barrier that prevent soil erosion, especially during the monsoon, he further submitted, adding that cutting hills for construction or other purposes can destabilise the land, increasing the risk of erosion, which leads to the loss of fertile soil.
He also submitted that Section 17A of the TCP Act seeks to avoid landslides too, and added that hill-cutting can trigger landslides, particularly during heavy rain, and that Goa, with its hilly terrain and heavy rainfall, is especially prone to such risks.
