PANAJI
The Supreme Court is likely to hear on Friday the Special Leave Petition (SLP) filed by the Goa government challenging the High Court’s decision to read down Section 17(2) of the Town and Country Planning (TCP Act) 1974.
The matter is listed at serial No. 48 for Friday in Court Room No. 3 for a hearing.
The State, in its SLP, has accused the lower court of curtailing crucial government mechanisms for regional planning. Criticising the High Court for “misinterpreting” the spirit and scope of Section 17(2), the State has pleaded for an interim stay on the implementation of the 13 March 2025 order.
The High Court of Bombay at Goa, via an order dated 13 March, struck down the Goa Town and Country Planning (Alteration/Modification in the Regional Plan for Rectification of Inconsistent/Inadvertent Zoning Proposals) Rules, 2023 for being “ultra vires”.
The lower court had observed that the Rules do not specify or give any indication as to what the circumstances are under which the inconsistent or incoherent zoning proposal needs correction and that the same is being done through guidelines.
The SLP contends that the HC’s order “limits the State’s ability to rectify past errors in the regional plan” and undermines constitutionally defined roles of the legislative and executive branches.
The government also alleged a violation of natural justice principles, stating that the High Court relied on generic data about land conversions ” mostly from paddy fields and natural zones to settlements ” without examining individual cases or hearing affected parties.
“The High Court blurred the lines between executive and legislative functions. Legislative enactment and administrative implementation are separate powers. The judgment overlooks this constitutional division,” the State said.
According to the High Court, as of January 2, 2025, there have been 353 approvals under Section 17(2), which affect an area of about 26,54,286 square metres.
