ALVARO COLACO, CORTALIM
Bend the rules to get orchard land converted to settlement land and then raze a hill to develop housing projects and open spaces on a steep slope.
In such one case, zoning of a significant portion of over one lakh square metres of land comprising steep hill slopes with thick green cover at Dabolim, which was earlier earmarked as Orchard (A2), has been allegedly changed to Settlement (S1) in the revised ODP 2011.
“The Mormugao Planning and Development Authority (MPDA) did not survey the land before changing the zone. Otherwise, the steep gradient and forest cover would have prompted MPDA to refer the matter to Forest Department,” alleged a concerned citizen, Edwin Mascarenhas of Chicalim.
Mascarenhas, who obtained relevant documents under RTI with respect to the property under Survey No 43/1 of Dabolim, alleged that both the Chicalim Panchayat and MPDA granted permission to a subdivision of around 1.02 lakh sq mts of land without obtaining conversion sanad, thereby causing loss to the ex-chequer of around Rs 25 lakh.
“Initially, the developer was granted provisional permission for demarcation of mundkarial subdivision of 8,405 sq mts only,” Mascarenhas said.
“Even after obtaining the final NOC for 8,405 sq mts for mundkarial subdivision, the developer was granted an NOC by MPDA to register the sale deed for the remaining 94,000 sq mts for future development,” he added.
“The developer then quickly moved the files to MPDA and Chicalim Panchayat for further subdivision into five smaller plots ranging from 16,576 sq mts to 18,060 sq mts, without developing facilities at the site, like internal roads, gutters, transformers etc.”
Mascarenhas, also alleged that the developer obtained four separate permissions to construct 400 apartments on four of the five plots and sold the entire land of about 77,000 sq mts to a New Delhi-based construction firm.
Insisting that the process of issuing permissions and other services were within law, MPDA Member Secretary R K Pandita said the developer had produced a certificate from the deputy collector exempting the land from conversion sanad.
Pandita also admitted that five subdivisions were carried out and defended that they were within Development Plan Regulation 2000 of PDA relating to group housing.
When asked about the development at the sub-divided plots, Pandita said it was not required.
“But if there are further subdivisions in these plots, there has to be physical development,” Pandita added.
“However, 15 % open space has been left and proper approach road with gutters has been maintained. NOCs from other departments such as electricity department and PHE were also on record,” he told Herald.
Asked as to how zoning could have been changed from Orchard to Settlement despite a steep slope, Pandita said it was the decision of the authority (PDA Board).
Pandita also admitted that 15 % open space was shown where there were steep slopes.
A senior TCP official has rejected this contention. “Open spaces are to be used by residents of the area. What’s the point if the terrain is hilly,” asked the official.
“Such arbitrary change of zoning can be subject to judicial review and the changing of zoning to settlement despite a steep gradient is blatantly illegal,” he said.
The Rape of Chicalim 