PANAJI
In a major setback to the State government, the High Court of Bombay at Goa on Monday ruled that Outline Development Plans (ODPs) cannot be applied to five villages of Calangute, Candolim, Arpora, Nagoa and Parra.
The Division Bench quashed the December 2022 circular that had directed the Town and Country Planning (TCP) Department to continue granting approvals based on the withdrawn ODPs. It also struck down the 2024 executive order, declaring it violative of the TCP Act.
The Court has also imposed a four-week stay on all constructions and permissions in these villages during this period.
In January this year, the High Court had asked the State to adhere to the Supreme Court’s interim order prohibiting any changes in the planning status of the five villages. While allowing the State to process applications, the Bench had made it clear that no construction activity could commence until the disposal of the Public Interest Litigation (PIL).
The dispute dates back to July 2023, when the Supreme Court remitted the PIL filed by the Goa Foundation, which challenged the validity of the ODPs, to the High Court for an expedited hearing. “While the matter(s) are being decided, the present position with regard to the concerned areas be maintained,” it had stated.
On July 15, 2024, the Supreme Court reinforced its direction that no changes were to be made in the five villages.
Earlier, the State government had notified two ODPs on December 15, 2022. However, it subsequently withdrew all five villages from being designated planning areas under the TCP Act. As a result, the notified ODPs stood invalid, and land use in these areas reverted to the Regional Plan 2021.
Despite this, a circular issued on December 22, 2022, instructed the TCP to continue granting approvals as per the withdrawn ODPs, subsequently challenged by the Goa Foundation. The High Court stayed the circular through a detailed order on February 14, 2024.
In response, the government introduced an ordinance on February 28, 2024, amending the TCP Act through a new Section 19(3) to override the High Court’s stay and validate the ODPs despite the absence of designated planning areas. This too was challenged, and the High Court issued another stay in May 2024, suspending both ODPs until the petition is heard in July.
The State government then filed a Special Leave Petition before the Supreme Court, which initially stayed the High Court’s order. The Goa Foundation subsequently moved the apex court to vacate that stay, submitting it had compiled substantial data showing how the ODPs had altered eco-sensitive zones in the five villages.
