Staff Reporter
Panaji
The High Court of Bombay at Goa has stated that any notifications or approvals granted under Section 39A of the Goa Town and Country Planning Act, 1974, will be subject to the outcome of the ongoing Public Interest Litigation (PIL).
The PIL, filed by the 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 (ODPs), which could lead to unplanned and undesirable development in Goa.
Senior advocate Sharan Jagtiani, representing the state authorities, told the court that the process under Section 39A was already underway and could lead to the issuance of final notifications or approvals concerning zone changes before the petitions are finally heard.
The Goa Foundation’s petition argues that these zoning conversions violate the provisions of the Town and Country Planning Act, 1974, and would result in a confusing and arbitrary development pattern detrimental to the state’s ecological and citizen interests. The petition claims that such conversions would promote unbalanced development, undermining the planned growth of Goa.
In response to the petition, the state has filed an affidavit, and a counter affidavit has also been submitted. However, Jagtiani requested permission to file a further affidavit, as the previous affidavit was limited to opposing interim relief. The court granted this request and allowed the state to file the additional affidavit within three weeks, ensuring that senior counsel for the NGO, Norma Alvares has the opportunity to file a rejoinder. The High Court has scheduled the petitions for final hearing on June 23 2025.
at 2.30 pm, with the understanding that if the hearing is not concluded on that day, it will continue on the following day. The court has also agreed to take up this case along with the connected PIL for a comprehensive hearing.
