LEGAL 02nd May 2024
The High Court in the order pronounced on Thursday has ordered interim stay on Calangute, Candolim, Arpora, Nagoa and Parra ODP notified on
The High Court in the order pronounced on Thursday has ordered interim stay on Calangute, Candolim, Arpora, Nagoa and Parra ODP notified on 15 December 2022 till final disposal of related public interest litigation.
The High Court in its order has observed that the December ODPs which was meant to correct gross illegalities in the previous ODP was more drastic and in that sense had not only perpetrated but enhanced illegalities in the earlier ODPs in all these five villages.
The High Court further observed that 'If interim relief is declined and large-scale constructions, development, conversions, and zone changes are allowed, the same is bound to adversely affect the villagers of five Calangute-Candolim and Arpora-Nagoa-Parra coastal villages.
The High Court mentioning the role of Calangute MLA Michael Lobo has observed that "If no interim relief is granted, then Respondent Michael Lobo, who is the major beneficiary and because of whose involvement the previous ODPs had been scrapped, would once again change the zones and convert his properties to promote haphazard development and construction activities. The large tracts of these coastal villages fall within the highly eco-sensitive areas under the Environment Protection Legislation.
Justifying the interim stay, the High Court has observed that "for instance, under the Goa Land Use (Regulation) Act of 1991, there is a statutory bar to the conversion of tenanted lands for non- agricultural purposes. There is public interest involved in not permitting the construction or development activities on non-developable slopes, on agriculture-tenanted lands, by filling up low-lying agricultural fields, by shrinking road widths to protect illegal constructions, etc. All these factors justify the grant of interim relief because any such construction, development, or zone changes in the meantime will have serious deleterious effects on the environment in these coastal villages."