Seeks interim stay on court order
PANAJI
Challenging the High Court’s decision to read down Section 17(2) of the TCP Act, 1974, the Goa government in its Special Leave Petition (SLP) filed before the Supreme Court, 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 March 13, 2025 order.
The Division Bench comprising of Justice MS Karnik and Justice Nivedita Mehta through an order dated March 13 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 Court had observed that the Rules does not specify or give any indication as to what are the circumstances under which the inconsistent or incoherent zoning proposal needs corrections and the same is being done through guidelines.
The SLP filed, despite the Minister announcing not to move the Apex Court but to tweak the rules and guidelines, 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 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 judgement overlooks this constitutional division,” the government said.
The State government added that defining public participation timelines in urban planning is a legislative prerogative, and post-notification of changes is permitted under specific conditions.
The State government said it remains committed to environmentally sensitive growth.
According to the High Court, as on January 2, 2025, there have been 353 approvals under Section 17(2) which affects an area of about 26,54,286 square metres.
