PANAJI
In a major setback for the Goa government, the Supreme Court on Thursday dismissed the State’s Special Leave Petition (SLP) challenging the order of the High Court of Bombay at Goa restraining construction in ODP areas of Calangute-Candolim-Arpora-Nagoa and Parra.
The SC’s Division Bench of Justice B V Nagarathna and Justice Satish Chandra Sharma even observed that Goa should not be turned into a concrete jungle.
Petitioner Claude Alvares of Goa Foundation stated that Justice Sharma told counsel appearing for Goa -- “Please don’t turn Goa into a concrete jungle.”
The original PIL filed by the Goa Foundation against the illegalities found in the two ODPs of Calangute-Candolim 2018 and Arpora-Nagoa-Parra 2020 has been pending before the apex court and the high court for over a year. Alvares said that the State government attempted to defend the ODPs and allow for their execution. “This movement will now cease with the High Court listing the PIL for final hearing and disposal on February 21, 2025,” he said.
The state government itself suspended the two ODPs on emergency grounds in April 2022. It thereafter appointed a Review Committee which established large-scale rezoning of plots to benefit private parties in wholesale bypass of procedures laid down for preparation of the 2 ODP - covering the five villages.
However, after accepting the Review Committee’s report, the state government renotified the two ODPs in December 2022, maintaining many of the questionable zone changes. The petition alleged that the zoning of several new survey numbers was changed when the two ODPs were renotified.
The state government thereafter withdrew all 5 villages as planning areas while on December 22, 2022, a circular was issued to keep the ODPs alive. The circular was stayed by the High Court. The government thereafter issued an ordinance to maintain the ODPs, which was challenged by Goa Foundation in the High Court that stayed the ODPs operations on May 2, 2024.
The government moved the Supreme Court in May 2024. In two orders, the apex court stayed the High Court’s order. However, it directed that all construction as per the ODPs would be subject to the final outcome of the writ petition filed before the High Court. It also directed that no change would be allowed in any of the five ODP villages till the petition was heard and disposed of.
In December 2024, the Goa Foundation found that the TCP department was issuing permissions for construction in the 5 ODP villages. It moved the High Court with an application for restraint which was allowed on January 23. It also directed that the apex court’s order was clear and there would be no change in the ground in the 5 villages.
The state government then filed the SLP, which was dismissed after a brief hearing.
