NAGALLI LOCALS SAY OPEN SPACE BEING ENCROACHED

Space earmarked in Nagalli for recreational purposes and shown as such in the outline development plan (ODP) for Taleigao village has been allegedly encroached upon by a builder for commercial purposes, some villagers have charged.
The open space was reserved by the developer of this complex in Nagalli for a park, playground and recreational area as per the subdivisional plan okayed in phase II of SMK complex,” a resident said, alleging that the builder has “encroached into 285 m of the open space so far”.

The construction activities started in August 2009, but before the nearby residents could initiate any redressal mechanism, the builder allegedly started digging pits for construction purpose after clearing bushes and trees. A source close to the builder, however told that the open space does exist, but part of it has been encroached upon by others.“The boundary of the open space starts from the eastern side of his plot of 2,200 sq m,” the source said. Stating that there is no violation of any rule, the source added that the conversion sanad and all requisite licences are in order.
Meanwhile, a resident of the area alleged, “The North Goa Planning and Development Authority (NGPDA) had granted permissions for the project in plot No. 78 without proper verification of documents. The work is being carried out beyond the plot area in the open space”
Annand Madgavkar, president of Taleigao Bachao Abhiyan, added, “There is reason to believe that there is an encroachment on the open space.” Some villagers had approached TBA about the encroachment. “The open space is clearly shown as recreational space in the finalized Taleigao ODP,” Madgavkar said. Stating that eco-sensitive areas earmarked in the Regional Plan 2021 have been shown as commercial areas and roads, Madgavkar added that files of many controversial constructions are also missing from the TCP department. Meanwhile, explaining the “confusion”, the source close to the builder explained that the sub-division of plots in the area was approved in 1977 and subsequently revised in 1986 after the laying of overhead power lines. “The 15% open space concept came into reality only in 1983,” the source said, adding that some persons purchased properties only in 2004. With regard the ODP, the source said that the dimensions of the open space are not shown in it properly. The realignment in 1986 was done due to location of overhead wires, the source added. NGPDA member secretary Ashok Kumar said the matter is sub-judice. “As per legal opinion, the high court has directed that the work be stopped and the party concerned has to abide by it.” He conceded that if the open space has been shown in the ODP, it has to be maintained. Stating that the licence was issued on the basis of the revised sub-division in 1986, Kumar said, “If there is any misrepresentation of facts, we will revoke the licence.” Meanwhile, vacation judge of Bombay high court at Goa, Justice U D Salvi, while hearing an application moved by the builder in connection with an original petition alleging encroachment of open space filed by Amit Juneja and Sudha Ladha, passed an order on Wednesday stating that the interim stay on the construction granted on October 14 will continue till further orders. The next date of hearing has been fixed for November 4 and all respondents have been directed to file their replies.The petitioners have alleged that the encroachment by the builder “is affecting their proprietary, easementary and other rights” as the area was reserved for recreational facilities.They have further alleged that the permission was granted for plot No. 78 by the authorities including NGPDA without proper verification of documents.