Petition of construction licence dismissed
The High Court of Bombay at Goa, has dismissed a petition by which the petitioner, owner of a plot of land in Panaji, Ms Maria Dias, had sought a declaration that section 262 of the Corporation of the City of Panaji Act-2002, is repealed or impliedly repealed by Regulation 3.9 of the Goa Land Development and Building Construction Regulations, 2010,
to that extent and ought to read to the effect that every sanction for the erection or re-erection of any building shall remain in force for three years from the date of such sanction and not merely for one year as provided therein.
The petitioner had made an application under section 44 of the Goa Town and Country Planning Act, 1974 for the construction of a building for a hotel thereon. By an order, the North Goa Planning and Development Authority granted the permission to carry out the said development on the terms and conditions mentioned therein. The permission was stated to be valid for three years from the date of issue of the construction licence, provided the construction licence was issued within the period of three years.
Corporation of the City of Panaji granted the petitioner a construction licence for the proposed construction of the hotel building on various terms and conditions. The licence is stated to be valid for a period of one year from the date of issue thereof.
The High Court has observed that there is no inconsistency between section 262 of the Corporation Act and Regulation 3.9 of the Development Regulation of 2008. The purpose of these enactments are different. The legislature is entitled to stipulate different conditions in respect of the permissions granted under the respective enactments. The applicant must comply with the conditions under both the enactments. [NT]