TCP Act Sec 16 b: no final approvals granted, govt to HC



An additional government advocate submitted before the High Court of Bombay at Goa on Thursday that there are already orders made in the petitions on January 16 and July 15, 2019, in which it is made clear that approvals if any, will be subject to the final outcome of the petitions in a case related to TCP Act Section 16(b).

He further stated that even if any fresh applications are to be considered for granting approvals, the procedure prescribed under Section 12 to 15 of the Act requires atleast 2 months for inviting objections, etc. He therefore submits that this is not the occasion for granting any further interim relief in these matters.

The High Court observed that taking into consideration the fact that no final approvals have been granted relying upon the impugned provision or the fact that it is not likely that even provisional approvals are likely to be granted upon the fresh proposals received for atleast the next two months, we make no further orders on the request of petitioners counsel. However, the submissions made by additional government advocate that no final approvals have been granted and further there is no possibility of even granting provisional approvals in respect of fresh applications for the next 2 months are noted.

On behalf of the respondents, State of Goa and others adjournment was applied for. This request was opposed by counsel for the petitioners by submitting that in the meanwhile, applications are being considered for provisional approval relying upon Section 16(b) of the Goa Town & Country Planning Department, the constitutional validity of which is questioned in these petitions. She therefore submitted that if any adjournment is to be granted, then the respondents must be restrained from considering any further applications.