HC upholds TCP’s Cujira open space construction ban

Panaji: The Bombay high court on Friday upheld the decision of the town and country planning (TCP) department to revoke the technical clearance granted for the construction of a house in a public space in Cujira.The court dismissed the petition, holding that even though the original subdivision approval document is unavailable for inspection, other records, including certified sale deeds of purchasers of adjoining plots, establish that it is an open space.The HC held that the TCP can refuse technical clearance based on the sale deeds of other surrounding plots forming part of the larger plot, and that no interference with the order is required.The deputy town planner, Tiswadi, in Oct 2023, revoked the technical clearance order dated Sep 2020 granted to the petitioner for the construction of a residential house on the grounds that it was an open space. The petitioner was restrained from further construction on the plot and directed to remove any existing structure within two months, failing which the panchayat was to demolish the structure and restore the land to its intended purpose at the petitioner’s cost.