HC says approvals to applications for higher FAR in Goa subject to ruling in ongoing case
The Bombay High Court has directed Goa’s Town and Country Planning Board to flag all pending and future applications for enhanced floor area ratio (FAR) and height permissions as subject to an ongoing legal challenge.
A division bench of Justices Valmiki Menezes and Amit S Jamsandekar issued the directions after noting that as many as 255 applications are currently pending before the Board, while refusing to grant interim relief in a PIL against amendments to building regulations in the State.
The Goa bench of the HC on Wednesday ordered that all these applicants, as well as those who may apply in future, be informed about the pendency of a petition challenging the amended Regulation 6.1.1 of the Goa Land Development and Building Construction Regulations, 2010, granting additional FAR for construction.
FAR in Goa regulates construction density by defining the maximum permissible built-up area relative to the plot size. The bench said that if permissions are granted, the orders must clearly state that they are subject to the final outcome of the petition. The bench also made it clear that applicants whose proposals are approved cannot claim any equity based on such permissions since the validity of the provision itself is under challenge.
Additionally, the court said that a copy of its order must be appended to every approval granted under the amended regulation to ensure applicants are aware of the ongoing proceedings.
The directions came as the court declined interim relief sought by NGO Goa Foundation and others, who have challenged the amendment notified in August 2023 as ultra vires (beyond its legal powers) the parent law.
The petitioners had sought a stay on further relaxations in FAR and height curbs, besides restrictions on new constructions and occupancy permissions linked to such relaxations.
The Goa Foundation had urged the HC to direct that no further construction be permitted on the basis of such permissions, if they have not been initiated or completed.
The PIL also sought an interim direction that, pending final hearing of the petition, no completion or occupancy certificate be granted for structures with enhanced FAR or height, to the extent they exceed limits set out in the Regional Plan and/or Outline Development Plan.
Regional Plan and/or Outline Development Plan.
The Goa Foundation also sought an interim direction that, pending final hearing of the petition, constructions initiated on the basis of enhanced FAR and height permissions do not exceed limits set out in the Regional Plan and/or Outline Development Plan.
However, the bench observed that granting such interim relief would effectively amount to granting the final relief or suspending the legislation at this stage, particularly when affected parties are yet to be heard.
The matter has been posted for final hearing on June 15.
