Bombay High Court Issues Directives on Floor Area Ratio Applications in Goa
HC says approvals to applications for higher FAR in Goa subject to ruling on ongoing case
Hindustan Times
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The Bombay High Court has instructed Goa's Town and Country Planning Board to treat all pending and future applications for increased floor area ratio (FAR) as subject to an ongoing legal challenge. This decision affects 255 pending applications and mandates that approvals include a notice regarding the legal proceedings.
- 01255 applications for increased FAR are pending before the Goa Town and Country Planning Board.
- 02All approvals must indicate they are subject to the outcome of a legal challenge.
- 03The court denied interim relief sought by the Goa Foundation against the amendments.
- 04Applicants cannot claim rights based on approvals due to the ongoing legal challenge.
- 05The final hearing on the matter is scheduled for June 15.
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The Bombay High Court in Panaji has directed the Town and Country Planning Board of Goa to flag all pending and future applications for enhanced floor area ratio (FAR) and height permissions as subject to an ongoing legal challenge. This ruling follows the acknowledgment of 255 pending applications before the Board. The court refused to grant interim relief in a public interest litigation (PIL) filed by the Goa Foundation and others, who challenged amendments to the Goa Land Development and Building Construction Regulations, 2010, which allow for increased FAR. The court emphasized that any permissions granted must clearly state they are contingent upon the final outcome of the ongoing petition, and applicants cannot claim any rights based on these approvals. Furthermore, the court mandated that a copy of its order be attached to every approval granted under the amended regulation to inform applicants of the legal proceedings. The matter is set for a final hearing on June 15.
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This ruling affects numerous applicants seeking construction approvals in Goa, potentially delaying projects until the legal challenge is resolved.
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