PANAJI
The High Court of Bombay at Goa on Wednesday directed that a batch of PILs challenging the constitutional validity of Section 39A of the Goa Town and Country Planning (TCP) Act, 1974, be listed for directions on November 10, 2025.
Senior counsel Norma Alvares, appearing for the petitioners, argued that Section 39A is unconstitutional and infringes Articles 14 and 21 of the Constitution. She further submitted that issues concerning Section 17(2) of the Act are already pending before the Supreme Court, which has ordered status quo though no formal stay has been granted.
Taking note of the submissions, the High Court said the PILs would be heard on November 10 under the caption “for directions,” when the schedule for arguments will be fixed. The Court also allowed the State counsel liberty to file a sur-rejoinder.
As per one of the pleas filed by NGO Goa Foundation, section 39A of the Act sought to allow entirely ad-hoc and arbitrary conversions of privately owned plots in the Regional Plan and notified Outline Development Plans (ODPs) based on individual applications from such parties (spot zoning).
It stated such provisions are contrary to the very scheme of the Town and Country Planning Act, 1974 and are also violative of Article 14 and Article 21 of the Constitution of India while adding that the new feature when compared to 16B and 17(2) means the government has given itself powers to interfere openly in the permissions for plots lying within Planning Areas governed by Outline Development Plans.
