PANAJI
An advocate has filed a Public Interest Litigation (PIL) in the High Court of Bombay at Goa, challenging the Goa Legislative Diploma (Amendment) Act, 2025, and the Goa Comunidade Land Development and Regulation Rules, 2025, on grounds of legal inconsistency, arbitrary treatment of emphyteutic grantees, and violation of constitutional property rights.
In his petition on Friday, Advocate Moses Pinto explained that the Goa Legislative Diploma (Amendment) Act, 2025, restricts emphyteutic grantees from altering land use, even when such changes align with the Goa Town and Country Planning Act, 1974.
Similarly, the newly introduced Goa Comunidade Land Development and Regulation Rules, 2025, contradict the Diploma Amendment by permitting large-scale land-use changes by developers, while small emphyteutic landholders remain restricted.
“The inconsistency between these statutes results in unequal treatment of similarly placed property holders, violating Article 14 of the Constitution (Right to Equality),” he said.
The petitioner further submitted to the Court that the absolute prohibition on land-use change and the provision for automatic reversion of land contradict Article 300A (Right to Property) of the Constitution of India. Moreover, the legislation is subject to judicial review under Article 13 of the Constitution, as it restricts the fundamental rights guaranteed under Part III, particularly Articles 14 and 300A, and is therefore liable to be struck down to the extent of its inconsistency.
“The impugned legislation creates an arbitrary distinction between emphyteutic grantees and corporate developers, leading to financial losses, unnecessary restrictions, and potential eviction of landowners. Additionally, it stifles economic growth by preventing land-use adjustments in accordance with changing societal and economic needs,” it states.
