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.

Source:: The Navhind Times

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