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Time of India
a day ago
- Politics
- Time of India
Villages pulled from planning areas are governed by RP: HC
Panaji: The high court of Bombay at Goa has held that govt was incorrect in assuming that planning areas, once removed, cease to be governed under the Town and Country Planning (TCP) Act. In a major setback to the TCP department's plans for allowing construction activities along the North Goa coastal belt, the high court last week held that the two ODPs of Calangute-Candolim and Arpora-Nagoa-Parra could not operate for these villages, and would not govern them. It directed the state to follow Regional Plan 2021 for the approval of plans and the grant of permissions in these villages. 'Since the villages now fall in non-planning areas and the North Goa planning and development authority (NGPDA) has no jurisdiction, but the town and country planning department has assumed jurisdiction, it is open for it to process the permissions for development not as per the outlined development plan, which already lapsed, but as per the Regional Plan 2021,' stated the division bench comprising justices Bharati Dangre and Nivedita Mehta. These villages, once withdrawn from planning areas, still continue to be governed by the Regional Plan as the planning area falls within the state of Goa and the TCP Act extends to the whole of Goa, the high court observed. The high court order on the ODPs came after a series of legal back and forths, with the matter even reaching the Supreme Court, as the TCP department desperately tried to defend its implementation. The high court stated that state govt was not justified in invoking executive powers in issuing an executive order (enabling continuance of impugned ODPs) on the premise that there was a vacuum in the absence of a statutory regime governing the withdrawn planning areas, and that to fill the gap, the executive must step in and make an 'order' governing areas which are withdrawn as planning areas. As long as the Goa TCP Act continues to govern land development in the state through the regional plan, and since the Regional Plan 2021 is already in operation, there was no justification for the state in using the executive order, the court observed. From issuing circulars to even an ordinance, state govt has been trying hard to keep alive the ODPs despite initially suspending them due to large-scale illegalities. But in between all the legal wrangles, the TCP department went ahead with zone changes on its own. Get the latest lifestyle updates on Times of India, along with Doctor's Day 2025 , messages and quotes!
Time of India
23-06-2025
- Politics
- Time of India
ODPs case another indictment of TCP's urban planning flaws
Panaji: The order of the high court of Bombay at Goa regarding the outline development plans (ODPs) for five prominent coastal villages — Calangute, Candolim, Arpora, Nagoa, and Parra — brings into sharp focus the long-standing allegations of arbitrary land conversion and procedural violations that have plagued the town and country planning (TCP) department. This is not the first time the judiciary reversed the department's policies. From putting on hold a circular on ODPs for the five villages to virtually striking down the TCP department's power to unilaterally alter the zoning of private plots through Section 17(2) of the TCP Act, 1974, the courts have emerged as the battleground for Goa's land politics. In most of these cases, the judiciary found the department's actions procedurally flawed, environmentally negligent, or contrary to statutory planning norms, say activists who have taken up cudgels against the department. The earliest large-scale expression of public distrust began with the Regional Plan 2011. Accusations of arbitrary zoning changes benefiting real estate interests led to the plan's scrapping, triggering the formation of the task force for Regional Plan 2021. This exercise ran into allegations that large swathes of land were converted to settlement zones without public consultation, prompting govt to once again keep it in abeyance. Since then, successive BJP govts have tried to bring in piecemeal changes in the RP2021 in the guise of amendments designed to 'correct' the errors. Vijai Sardesai was the first to try making incremental tweaks through Section 16B of the TCP Act during his brief stint as TCP minister in 2018. When this was challenged in the HC, present TCP minister Vishwajit Rane rushed in Section 17(2) in the guise of correcting 'inadvertent errors' in the RP2021. As public pressure mounted, and with Section 17(2) being challenged through a PIL, Rane brought in Section 39(A) for ease of land conversions. Under this, the TCP department's chief town planner has been empowered to alter or modify the RP2021 and the ODPs. According to Goa Foundation, 95% of the applications under Section 39(A) involve changes from orchard (2.4 lakh sqm) and natural cover zones (1.4 lakh sqm) to settlement. Meanwhile, on March 13, the HC read down Section 17(2) of the TCP Act. Justices M S Karnik and Nivedita Mehta minced no words when they immobilised the amendment, saying that it 'virtually has the effect of mutilating the regional plan'. By then, the TCP department had already converted 26.5 lakh sqm. The HC order said that such large-scale conversion could have 'disastrous consequences' on an ecosystem as fragile as Goa's. The HC's order on the ODPs is yet another indictment of the TCP's flawed functioning, said an architect. 'Money is being taken for land conversion, but nobody is talking about need-based planning. Govt must decide what happens to the zone changes that have been done till now,' the architect added. The HC order comes after a series of back and forth between environmentalists, the TCP department, the HC, and the Supreme Court. In fact, while hearing a special leave petition by Goa govt against the Bombay HC's order restraining construction based on the ODP for the five villages, Supreme Court Justice Satish Chandra Sharma told Goa's counsel, 'Please don't turn Goa into a concrete jungle.' The message never got passed down, with govt continuing to defend the ODPs in the HC. While these reversals brought uncertainty upon builders, investors, and landowners in Bardez—many of whom benefited from conversions in the ODP—the courts have signalled a zero-tolerance approach to irregularities in urban planning.
Time of India
23-06-2025
- Politics
- Time of India
HC quashes ODPs for 5 villages, asks Goa govt to follow RP 2021
Panaji: In a major setback to the TCP department's plans for allowing construction activities in the North Goa coastal belt, the Bombay high court on Monday set aside govt's ODPs or outline development plans for five villages and directed state to follow Regional Plan 2021 for approval of plans and grant of permissions in these villages. Tired of too many ads? go ad free now The two ODPs — Calangute-Candolim and Arpora-Nagoa-Parra — cannot operate and the five villages of Calangute, Candolim, Arpora, Nagoa, and Parra will not be governed by them, a division bench comprising justices Bharati Dangre and Nivedita Mehta ruled. However, on the request of state govt, the HC stayed the implementation of its own judgment for four weeks, subject to govt ensuring that no permissions be granted and no construction or development take place in the five villages. The high court order on the ODPs comes after a series of legal back and forth with even the matter reaching the Supreme Court as the TCP department desperately tried to defend its implementation. The apex court flagged it off as a serious issue of unbridled construction when hearing a special leave petition by state govt against Bombay HC's order restraining construction based on the ODPs, Supreme Court justice Satish Chandra Sharma, while dismissing the SLP, said: 'Please don't turn Goa into a concrete jungle.' From issuing circulars to even an Ordinance, state govt has been trying hard to keep alive the ODPs despite initially suspending it due to large scale illegalities. But in between all the legal wrangles, the TCP department went ahead with zone changes on its own. The chief town planner even issued a circular taking away all the powers from the North Goa Planning and Development Authority (NGPDA) and directing that the TCP would issue clearances for development and zoning certificates. The circular was never notified but merely circulated among the district collectors, town planning officials and registrars among others.
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
14-06-2025
- Politics
- Time of India
New road notification to affect 1k livelihoods: Mandrem locals
Mapusa: Mandrem residents want major district roads (MDRs) in the constituency to be registered as other district roads (ODRs). Locals said six 53km-long MDR roads are likely to affect nearly 1,000 structures and over 30% of constituents directly or indirectly. Tired of too many ads? go ad free now The high court has directed village panchayats to act against roadside illegal structures and submit reports. Govt notification states that a setback of 12.5m from the road centerline must be maintained. Locals say the new MDR road notification may severely impact Mandrem residents. MLA Jit Arolkar and villagers met chief minister Pramod Sawant, demanding changes to the TCP Act, cancellation of the MDR notification, and its denotification from the Regional Plan 2021. Arolkar also discussed the impact with the CM and submitted panchayat resolutions. Under the banner of Jagrut villagers, locals said most Mandrem families are joint, and some are nuclear. They often build homes or small shops on ancestral land along the roadside and start small businesses. If the panchayat secretary submits survey reports, nearly 1,000 structures may face legal action, leading to mass unemployment. 'Denotify the clause in the regional plan 2021 notifying 25m width MDR and maintain its width from 8-10m or as the existing roads,' the committee said.
