PANAJI: The Supreme Court has reverted the issues raised by the PIL challenging the ODPs of Calangute, Candolim, Parra, Arpora, Nagoa by Goa Foundation, to the high court of Bombay at Goa and requested it to dispose of the pending matters without delay.
The SC in May had stayed the interim order of the HC which had stayed development based on permissions or conversions granted under outline development plan (ODPs) notified on Dec 15, 2022 for Calangute, Candolim, Arpora, Nagoa, and Parra.
Soon after the HC’s order on May 2, state govt moved the SC against the order. The town and country planning department filed the special leave petition (SLP) on May 9, seeking a stay and to extend the life of the ODPs in these five villages. When the case came up before the apex court on Tuesday, govt sought an adjournment.
In its order, the HC had come down heavily on Calangute MLA and former NGPDA chairperson Michael Lobo, terming him a “major beneficiary” who would “once again change the zones and convert his properties to promote haphazard development and construction,” if no interim relief was granted to the petitioner in the case.
The HC had stated that prima facie, Lobo continues to be one of the major beneficiaries of the Dec ODPs even though the previous ODPs were scrapped, because of his involvement in ensuring that such previous ODPs would benefit him and his family members the most.
Goa Foundation had challenged the Goa Town and Country Planning (Amendment) Ordinance, 2024, which was deemed to have come into force on Dec 16, 2022.
“No conversion or changes of zones or users should be permitted based on the Dec ODPs. Construction, development, conversions, and zone changes in the five villages should strictly abide by Regional Plan 2021, as directed in the interim order dated Feb 14, 2024. The NGPDA, collector, and TCP department officials will be responsible for ensuring this,” the HC stated.
If any permissions are already granted or deemed to be granted under the impugned ordinance, govt must ensure that no construction or development proceed based upon such permissions/clearances, the HC stated. “If interim relief is declined and large-scale constructions, development, conversions, and zone changes are allowed, the same is bound to adversely affect the villagers,” the HC said, adding, “Large tracts of these villages fall within the highly eco-sensitive areas under the environment protection legislation.”
The HC also declined a stay on this order, stating that granting a stay would be “counter-productive” because based on such a stay, the “state and its officials would continue to effect large-scale zone changes, conversions, constructions and developments”.
Govt had notified the two ODPs on Dec 15, 2022 and thereafter withdrawn all the five villages as planning areas under the Town and Country Planning Act. As a result, two ODPs were rendered invalid and the land use of the five villages reverted to the Regional Plan 2021.
However govt issued a circular dated Dec 22, 2022 by which it instructed the TCP department to continue granting approvals on the basis of the withdrawn ODPs.
The circular was challenged by the Goa Foundation and the HC stayed the operation of the circular by a detailed judgment in Feb this year. However, On Feb 28 govt issued an ordinance and introduced Section 19(3) in the Town & Country Planning Act to undo the effect of the HC stay order.
