The Division Bench of the Bombay High Court at Porvorim, comprising Justices Valmiki Menezes and Amit S. Jamsandekar, has passed an interim order restraining the developers of a residential project at Candola, Ponda, from creating any third-party rights in apartments on the third and fourth floors of the building.
The order dated 22 September 2026 records the undertaking given on behalf of the developers that, until the next date of hearing, they will not execute any fresh agreement or create any third-party rights in respect of the apartments on the third and fourth floors. The Court has accepted the statement as an undertaking and directed that the restraint shall operate accordingly. A copy of the order is enclosed.
The Public Interest Litigation has been filed by the Shantadurga Devlay Residents Association, Candola, and the Goa Foundation, challenging the legality of the ongoing construction of a Ground + Four Floor residential building comprising 20 flats at Survey No. 2/1 of Village Candola, Ponda Taluka.
The project was originally granted Technical Clearance by the Town and Country Planning Department on 23 June 2025 for a Ground + First Floor building comprising only four flats. On 19 January 2026, however, the project was substantially revised, with enhanced FAR and additional building height being permitted under the amended Goa Land Development and Building Construction Regulations, 2010. The revised permission permits a Ground + Four Floor building containing 20 flats.
The legality of the regulatory amendments which permit such enhanced FAR and additional building height is itself under challenge before the High Court in PIL Writ Petition Nos. 1387 of 2025 (F) and 2660 of 2025 (F).
In those proceedings, the High Court had, by its orders dated 15 April 2026 and thereafter, directed the Town and Country Planning Board to notify applicants whose applications were pending or subsequently made about the pendency of the challenge. The Court further directed that any permissions granted should expressly state that they would be subject to the outcome of the proceedings and that applicants whose permissions were granted should not claim any equities in their favour. A copy of the order dated 15 April 2026 is enclosed.
Despite the pendency of the challenge to the regulatory amendments, construction of the Candola project proceeded rapidly and has already reached the upper floors.
The Petitioners also repeatedly sought access to the sanctioned plans and related records under the Right to Information Act. The Village Panchayat declined to provide the approved plans on the ground that they constituted confidential commercial information. The Town and Country Planning Department similarly declined to provide access to the inspected records after obtaining objections from the builder.
The Candola proceedings are part of a larger challenge before the High Court concerning the grant of enhanced FAR and additional building height under the amended regulations. Several writ petitions and PILs raising issues concerning such permissions are pending before the Court and are now listed for hearing on 27 October 2026.
Meanwhile, the Town and Country Planning Board, at its 228th meeting held on 18.02.2026, has decided to halt the grant of such FAR increases and height relaxations pending the introduction of revised regulations
The interim order in the Candola case is significant because it prevents the creation of third-party rights in the additional floors while the legality of the enhanced FAR and building height permissions remains under judicial consideration.
Issued by:
Anthony de Souza
Director/The Goa Foundation
26.09.2026