The high court of Bombay at Goa issued notice to the government and nine projects approved by the investment promotion board (IPB), including an eco resort in Vanxim and Abhijat Parrikar’s eco resort in Netravali, on a public interest litigation (PIL). The court has sought reply from the respondents on February 6 on a petition challenging constitutional validity of certain provisions of the Goa Investment Promotion Act, 2014, which came into force on September 11, 2014. These projects are likely to destroy the state’s eco fragile areas, the petitioners alleged. The petitioners say that the law is unconstitutional, as its provisions seek to have an overriding effect on other state laws. The petitioners said that the provisions will have overriding effect on town and country planning act, Goa Panchayati Raj Act, and the land revenue code, which seeks to ensure proper planning, empower local bodies and regulate conversion of land. The court has ordered that any action taken by the authorities in the meanwhile will be subject to its further orders. The government had recently notified the declaration of the area of the Vanxim project, which envisages an integrated 5-star resort and villa estate development, as a notified area for the purpose of investment promotion. The court allowed the petitioners liberty to challenge the notification and to implead the Sao Mathias panchayat, Malar as a respondent. The Vanxim 5-star resort project had been approved by the board in its eighth meeting on December 14, 2015. Pilerne citizens forum (PCF) and United Goans foundation has filed the plea against M/s Ozone Leisure and Resorts Pvt Ltd, promoters of the Vanxim resort, M/s Vani Agro Farms Pvt Ltd, pursuing a project in Ambdai, Sanguem, M/s Kargwal Construction Pvt Ltd, M/s Niraamaya Retreats, Benaulim, Soham Leisure Ventures Pvt Ltd, Abhijat Parrikar’s Hideaway Hospitality, Yatch Heaven Pvt Ltd, M/s Penha De France Properties Pvt Ltd, and M/s Goan Marine Impex Pvt Ltd, among others. The board facilitates single window clearances speedily for various investment proposals and investments in thrust areas, such as knowledge-based industry, R&D centres, pharmaceuticals, tourism and other sectors. The petitioners have prayed for a direction declaring the provisions of sections 7, 23 and 31 of the Act as unconstitutional and illegal and for quashing and setting aside the clearances granted by the board to the projects. The eco resort in Vanxim has an island rich in biodiversity. Surrounded by the Mandovi river its land mostly comprises paddy fields, Khazan lands, water bodies and mangroves. Similarly, the Neturlim project on land measuring 82,009 sq m, which has been granted in-principle approval for an eco-friendly tourism project, is zoned as a natural cover in RP 2021. It is also close to the Neturlim wildlife sanctuary, which is rich in biodiversity and eco-sensitive in nature. The land use has been recommended to be changed to eco-tourism promotion zone. While the other projects are also in eco-sensitive zones, the court had on December 13, 2016 issued notices to the government in connection with Goa Foundation petition challenging approvals for Mini India project in coastal regulation zone (CRZ) and Khazan areas at Quelossim.
2016, Bennett, Coleman & Co. Ltd.