NT Reporter Panaji
In a blow to the state government, the Supreme Court on Monday rejected a request to stay two judgments of the High Court of Bombay at Goa concerning Section 17(2) zone conversions and ODPs of Calangute-Candolim, Arpora, Nagoa and Parra, and directed that “status quo” be maintained.
The apex court bench comprising Justice Vikram Nath and Justice Sandeep Mehta was hearing Special Leave Petitions (SLPs) filed by the Goa government and the Town and Country Planning (TCP) Department. The court issued notices to the respondents.
The apex court directive means that all construction activities related to the two High Court judgments – and now the subject of appeals filed by the state – must remain halted until the Supreme Court disposes of the appeals.
The High Court judgment on Section 17(2) matter was delivered on March 13, 2025, by Justice M S Karnik and Justice Nivedita Mehta, who read down Section 17(2) of the TCP Act, pertaining to zone change, and quashed the rules framed to operationalise the provision. The court directed the state not to grant any further permissions.
Conversions under Section 17(2) impacted approximately 26.5 lakh square metres of land.
The second High Court judgment, delivered on June 23, 2025, by Justice Bharati Dangre and Justice Nivedita Mehta, annulled the Outline Development Plans (ODPs) for the five villages of Calangute-Candolim, Arpora, Nagoa and Parra, ruling that the executive order dated August 22, 2024, issued by the state government, was contrary to the TCP Act.
The High Court ruled that all development permissions in these villages must now be issued in accordance with the Regional Plan 2021.
The verdict affected around 16 lakh square metres of land.
Former Odisha High Court Chief Justice and senior advocate Dr S Murlidhar, along with senior advocate Shoeb Alam, appeared for Goa Foundation in the two Section 17(2) appeals filed by the Goa government and the TCP Department. The apex court has scheduled the next hearing for August 26, 2025.
The three SLPs filed by the state and the TCP Department involve over 60 respondents, as the High Court decisions resulted from a batch of writ petitions and public interest litigations, including those filed by Goa Foundation.
