TCP Board to frame guidelines for FAR, building height, HC told

PANAJI

The Goa government on Monday informed the High Court of Bombay at Goa that the Town and Country Planning (TCP) Board has resolved to frame criteria and guidelines governing the grant of additional Floor Area Ratio (FAR) and building height relaxations permitted under the 2023 amendments to the Goa Land Development and Building Construction Regulations.

The submission came during the hearing of a batch of Public Interest Litigations challenging the amendments, which allow a 20 per cent increase in FAR and permit buildings to exceed existing height limits in certain cases.

Taking note of the government's statement, the Division Bench of Justice Valmiki Menezes and Justice Hiten Venegavkar granted time for the State to place on record the decision taken by the TCP Board and adjourned the matter to July 29.

The petitions, including one filed by Goa Foundation, question the legality of the August 2023 amendment to Regulation 6.1.1 of the Goa Land Development and Building Construction Regulations, 2010. The petitioners contend that the changes facilitate higher construction density and are inconsistent with planning norms envisaged under regional and outline development plans.

The latest development follows the High Court's refusal during the previous hearing to grant the interim relief sought by the petitioners. They had requested that authorities be restrained from processing applications seeking enhanced FAR or additional building height until the challenge is finally decided.

The Bench, however, held that such an order would effectively amount to granting the principal relief sought in the petitions and could result in the suspension of a legislative measure before its validity is adjudicated.

The court also observed that several parties likely to be affected by any interim order had not been impleaded in the proceedings and had not been afforded an opportunity to present their case.

At the earlier hearing, the State informed the court that 255 applications seeking benefits under the amended regulations were pending before the TCP Board. The Bench directed the Board to notify all existing and future applicants that the amendments are under judicial scrutiny.

The court clarified that any permissions granted under the amended provisions would remain subject to the outcome of the pending petitions.