Marriott case ‘exposes conduct of govt officials’

PANAJI: Exposing the conduct of the officials in granting nod to Construction activities of Goa Marriot Resort, the high court of Bombay at Goa has held that the state government approvals for the Hotel project are vitiated by malice in law and colourable exercise of power. “The authorities which are the custodians of power cannot be influenced in its exercise by considerations other than that for which the power is vested in them in the first place,” the high court remarked.
The high court held that the authorities have indulged in legal stimulation to achieve their goal to allow the hotel project to come up without examining whether the norms of the CRZ II areas have been strictly adhered to. The petition was filed by Goa foundation against Palm Hotel India Ltd (PHIL), Goa Marriott Resort and other government authorities. The court noted that the representative of the Ministry of Environment had, in fact, brought tothe notice of the government that the hotel project of the would violate the CRZ Notification of 1991.
The hotel company claimed that that the project was concived in 1979 when lease in favour of the PHIL was registered at the instance of the government and the project was approved prior to Febraury 19, 1991 before the CRZ regulations came into force. The company stated that all the projects approved prior to that date are not affected by the CRZ Notification of 1991
A division bench comprising Justice F M Reis and Justice K L Wadane observed thus: “In the present case, it is not disputed that the permission under Section 44 of the Town and Country Planning Act, 1974 was obtained on 29.11.1991 and the application was made on 10.05.1991. In such circumstances, the development was permitted after the coming into force of the CRZ notification of 1991”
While directing the authorities to examine whether the constructions are in CRZ area, the high court has stayed the operation of it judgment for a period of eight weeks.