PANAJI
The High Court of Bombay at Goa on Thursday directed the State government to continue complying with the Supreme Court's order prohibiting any changes to five villages of Calangute, Candolim, Arpora, Nagoa and Parra.
The Bench, however, permitted the State to consider applications for construction with a rider that no construction can commence until the Public Interest Litigation (PIL) is disposed off.
In July last year, the Supreme Court remitted the issues raised in the PIL filed by the Goa Foundation -- challenging the ODPs of the five villages -- to the High Court for expeditious hearing. “While the matter(s) are being decided, the present position with regard to the concerned areas be maintained,” the SC had stated.
Adv Norma Alvares, representing the petitioner NGO stated that as of July 15, 2024 the Supreme Court had expressly directed that no changes should be made in the five villages.
During the hearing on Thursday, when the government sought to know whether it could grant permission for construction, the High Court responded that while it may consider, no construction could proceed based on such approvals.
The High Court subsequently scheduled the matter for final disposal on February 20 stating that the PIL will be heard without any adjournments.
As per the NGO, the government had notified two ODPs on December 15, 2022, but later withdrew all five villages as planning areas under the Town & Country Planning Act.
Consequently, the two ODPs became invalid, and the land use of the five villages reverted to the Regional Plan 2021.
However, on December 22, 2022, the government issued a circular directing the TCP to continue granting approvals based on the withdrawn ODPs. This circular was challenged by the Goa Foundation, and the High Court stayed its operation through a detailed judgment on February 14, 2024.
Subsequently, on February 28, 2024, the government issued an ordinance introducing Section 19(3) in the TCP Act to nullify the effect of the High Court's stay order.
The ordinance allowed the ODPs to remain valid even in the absence of a designated planning area. This ordinance was again challenged by the petitioner, and the High Court issued another stay order in May 2024, suspending the two ODPs of these villages pending the petition's hearing in July 2024.
The State government then approached the SC with a Special Leave Petition, which initially stayed the High Court's order.
Subsequently, the Goa Foundation moved the SC to vacate the stay, arguing that it had completed substantial research into the changes made in the two ODPs concerning the eco-zones of the five villages.
