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Indian Express
21-06-2025
- Politics
- Indian Express
High Court notice to Goa govt over fees waved for land zone corrections
The High Court of Bombay at Goa Thursday issued notice to the state government, Secretary Town and Country Planning department, Town and Country Planning Department, Directorate of Vigilance and former chief town planner in a petition seeking directions to the authorities to recover the fees allegedly 'illegally waived' under a contentious provision of the Goa Town and Country Planning (TCP) Act. According to the petitioner, activist Swapnesh Sherlekar, the fees for correction of certain land zones was illegally waived under section 17 (2) of the Goa Town and Country Planning (TCP) Act on the 'specious' ground that 'deletion of proposed road fee is not applicable'. The section 17(2), which was introduced through an amendment to the TCP Act and notified in 2023, allows the conversion of privately owned plots in Goa's Regional Plan 2021, based on individual applications from such parties to 'correct inadvertent errors' and 'rectify inconsistent or incoherent zoning'. The government notified the fees for correction of zones under section 17 (2) of the Act on March 16, 2023. Subsequently, the revised fee for zone changes was notified through the supplement official gazette on March 28 last year. The HC read down the section in March this year. The petition states in the list of cases considered for correction of zone under section 17 (2) of the Act, several entries contained a notation 'deletion of proposed road fee not applicable' without any statutory basis for such exemption. The petition stated that among such cases were properties belonging to TCP Minister Vishwajit Rane, who is also a respondent in the petition, alleging that he 'benefited from an unauthorized exemption of fees'. The petition said there are 'numerous' cases of deletion of proposed roads since the Act was notified, which require scrutiny for similar unauthorised exemptions. It further said that there is no provision in the TCP Act or any rules, regulations or notifications thereunder that provide exemption of fees for deletion of proposed roads under section 17 (2) of the Act. The petition said the respondent authorities have acted with 'manifest arbitrariness, mala fide and abuse of power in exempting certain applications from payment of statutory fees without any legal basis or justification.' The petition further claimed that the respondent authorities have failed to discharge their duties in accordance with law and have instead acted in a manner that suggests collusion to confer undue benefit on certain individuals at the expense of the public exchequer. On Thursday, the High Court heard the submissions of the petitioners. In the order, the court said: 'At this stage, we deem it appropriate to issue notice to respondent 1 to 4 as well as respondent 6 in the capacity of chief town planner (planning)…' The Court also directed the respondents to file an affidavit in response within three weeks. The court said it has 'noted the specific pleadings in the petition, which revolve around the properties' belonging to Rane, but did not issue a notice to him.


Time of India
05-06-2025
- Politics
- Time of India
Now, TCP approves conversion of 1L sqm land under Sec 39A
The airstrip and hangar at Michael Boren's Hell Roaring Ranch in the Sawtooth National Recreation Area in Idaho, May 30, 2025. Boren, nominated by President Trump to lead the Forest Service, is accused of threatening trail workers with a helicopter, building an airstrip without a permit and putting a cabin on federal property. (Aaron Agosto/The New York Times) Panaji: The Town and Country Planning (TCP) department has approved the conversion of just over 1 lakh sqm of land that was earlier classified as orchard and natural cover. The TCP board cleared the five applications for land conversion under Section 39A of the Goa Town and Country Planning Act after 'due consideration of the suggestions' received during a 30-day window, said Vertika Dagur, TCP's chief town planner (planning). Dagur said the alteration and conversion of the five plots in the Regional Plan, 2021, will be subject to the outcome of the writ petitions pending before the high court. The PIL, filed by Goa Foundation, challenges the provisions of Section 39A, alleging that they allow arbitrary and ad hoc conversions of privately owned plots within the Regional Plan and notified outline development plans, which could lead to unplanned and undesirable development in Goa. Of the 1 lakh sqm that was put up for conversion, nearly 69,129sqm falls in Pernem's Parcem village. The entire tranche of land was converted for residential housing. The TCP department said that it examined the five proposals along with scrutiny reports before placing the applications before the TCP board for its decision. Dagur said govt has also approved the change of zone for the five plots. 'Therefore, in view of the recommendation of the Goa TCP board being approved by govt and in exercise of the powers conferred by Section 39A of the Goa TCP Act, the Regional Plan and the outline development plan is hereby altered and modified as specified,' Dagur said. Section 39 of the TCP Act garnered attention after the HC read down Section 17(2) of the Goa Town and Country Planning (TCP) Act, which the department was using to facilitate land conversion in the Regional Plan and outline development plans. The high court had observed that 'plot-by-plot conversion' under Section 17(2) 'virtually has the effect of mutilating the Regional Plan' and thus the scope of the law had to be narrowed.