Goa govt challenges high court order on Sec 17(2) of TCP Act in Supreme Court
Two months after the high court of Bombay at Goa struck down the rules and guidelines of the controversial Section 17 (2) of the
Town and Country Planning Act
, 1974, in 'public interest', state govt challenged the high court order in
Supreme Court
.
'After being entirely unclear of its proposed actions against the 17(2) judgment of the HC, Goa govt filed its SLP against the judgment this week,' Goa Foundation director Claude Alvares said. He said that as per govt's initial statements, the judgment was in its favour and there was no need to appeal. 'Now govt has once again changed its mind.'
On May 2,
TOI
reported that the high court judgment became effective after the expiry of six weeks from the date of the verdict on March 13.
After TCP minister Vishwajit Rane announced that state govt would not approach Supreme Court in the matter, all eyes were on govt's next move.
The affected land developers were hopeful of some relief from the TCP department within the framework of the TCP Act. However, the greens are firm on fighting another legal battle to protect the environment. After the judgment was delivered on March 13, govt had sought a stay on the operation of the judgment for six weeks, which was accepted by the court.
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'Almost all the conversions are from paddy fields, natural cover, no-development zone, and orchard to settlement zones,' the HC said, adding that according to the state, 353 approvals under Section 17(2) were granted, affecting 26.5 lakh sqm. 'The 2023 rules confer unfettered and unguided authority on the executive to interpret what is meant by an inadvertent error or what is an inconsistent/incoherent zoning proposal,' the HC stated.
'There is no guidance in the 2023 rules themselves as to what is an 'inadvertent error or incoherent or inconsistent zoning proposal'. The power is open-ended.'
Such 'plot-by-plot conversion, creating a zone within a zone virtually has the effect of mutilating the Regional Plan prepared after such an elaborate exercise,' the high court said.
Two days after the HC struck down the rules and guidelines, Rane had said that govt would tweak the rules and guidelines in line with the HC directions and make Section 17(2) operational. Rane made a U-turn over his statement to challenge the HC order in Supreme Court and said that he would not do so.
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