The six weeks granted by High Court of Bombay at Goa to the Town and Country Planning Department (TCP) to consider the application made by Ira Exotica private Limited for construction of a hotel at Curtorim, Salcete ended a few day back.

The directive was given on a writ petition filed by the company challenging the 19 January, 2018 order of the TCP which maintained that the width of the road leading to the hotel was less that 8 mts. The order was however, silent on whether Ira Exotica was entitled to a licence or not.

The company had obtained technical clearance for the project from the TCP, but on 29 September, 2015 it was revoked on grounds that the road width was not 8 mts in certain areas.

Ira Exotica approached the high court and on 3 July, 2017, TCP was directed to consider the application of the company on merits within three months. Accordingly, on 19 January, 2018 the TCP passed an order acknowledging that the road width had been reduced due to construction of illegal walls, but was silent on whether a licence could be granted or not.

While setting aside the 19 January order of the TCP, the court noted that Clause 6A.4 (16) states that, “while computing the width of the right of way available at the site the following structures shall not be considered as reducing the available access; illegal structures, religious structures, illegal encroachments, culverts, trees, public utility installations and the like. In case the proposed development is affected by any bottlenecks such as an existing compound wall old structures which do not exceed 75 meters in length at any given point, permission may be granted.”

The court order, dated 4 March, 2019 has given the TCP a last chance to consider the application even though it obliquely noted that the TCP had ignored its earlier directive to consider the application on merits.