the goan I network
PANAJI
The Bombay High Court at Goa has ruled that any action taken under the new Section 16B of the Town and Country Planning Development Act will be subject to final orders of the High Court, while hearing the petition filed by Goa Bachao Abhiyan challenging the amendment to the TCP Act by which the new Section was introduced.
The Court said the orders were being issued so that no party can claim equity at a later date.
“We direct that any action that may be taken in pursuance of Section 16B of the Goa Town and Country Planning Act, 1974, shall be subject to the outcome of the present petition. This position is made clear so that no parties can claim any equities,” the High Court’s order said. GBA had filed the petition challenging the amendment to the Town and Country Planning Act on grounds that the new section allows for ‘case by case’ land conversions which it said
“places individual requests as per ownership above public interest in contravention to the principles of planning.”
The GBA has warned those landowners and potential applicants against seeking conversion of their lands under the said amendment as the High Court was in the process of adjudicating the validity of the amendment.
The Town and Country Planning Board, however, has already exercised powers under the new amendment and granted approval to applications for change in land use zone more than 100-odd cases.
The TCP Board, chaired by TCP Minister Vijai Sardesai, has also extended the deadline to February 20 for applying for regularization of already converted and developed orchard land on payment of penal fees.
