Villages eye control as Act swaps ‘special’ for ‘spatial’

MARGAO
The recent amendment to sub-section 7 of Section 239 of the Goa Panchayat Raj Act, 1994, which came into effect last week, substitutes the earlier phrase “special planning” with “spatial planning”. 

The key question now is whether this change will pave way for the panchayat bodies to take charge of village-level planning, rather than having plans imposed on them by the Town and Country Planning (TCP) Department.

In a significant step forward, the Betalbatim Village Panchayat has already completed geo-spatial mapping of its area, while Carmona is nearing completion of its geo-tagging initiative. Once vetted by the statutory panchayat committees, these plans will attain official status. Encouraged by these examples, several other Salcete panchayats are reportedly considering similar exercises, as indicated by inquiries received by agencies engaged in geo-spatial mapping.

Avinash Tavares, Secretary of the United Goans Foundation and petitioner in a Public Interest Litigation (PIL) concerning the constitution of DPCs, described geo-spatial mapping as a holistic and participatory process, distinct from the top-down Regional Plan prepared under the TCP Act. 

“Geo-spatial mapping is the first step toward villages preparing their own plans for the welfare of their communities,” Tavares explained. “Unlike the TCP’s approach of imposing zoning changes from above, this process allows villagers themselves to decide what kinds of activities they envision in different zones.”

Tavares also cautioned that any attempt by the government to undermine or override panchayat-led spatial planning would invite legal action.

“When the United Goans Foundation filed the PIL seeking the formation of District Planning Committees and a district development plan, we had also raised issues concerning the planning roles of panchayats, municipalities, and the TCP. The High Court had left these matters open for consideration in an appropriate case. We will approach the Court again if the government tries to nullify the panchayats’ efforts to complete the planning process,” he warned.

Meanwhile, J Santan Rodrigues, convenor of the Goa Panchayat Raj Institutions, emphasised that both the Constitution and the Goa Panchayat Raj Act contain clear provisions empowering local bodies to undertake planning functions.

“Any planning initiative taken by panchayat bodies must adhere to these legal frameworks to build a strong case in the event of challenges or rejection,” Rodrigues said.

HC told govt to draft district plan, but left RP fight open

MARGAO: While disposing of the Public Interest Litigation (PIL) filed by the United Goans Foundation in 2020, the High Court of Bombay at Goa issued directions to the Director of Panchayats and the Director of Municipal Administration to prepare the district development plan, but refrained from entering into the debate concerning the Regional Plan and developmental plans prepared under the Goa Panchayat Raj Act, 1994 and the Goa Municipalities Act, 1968.

The Court, however, kept open the rival contentions regarding the Regional Plan (RP) prepared under the Goa Town and Country Planning Act, 1974, and the developmental plans to be framed by Panchayats and Municipalities, to be evaluated in an appropriate case in the future.

“There was also some debate on the issue of the Regional Plan under the provisions of the Goa TCP Act, 1974, taking into consideration the development plans to be prepared under the provisions of the Panchayat Raj Act, 1994, the Goa Municipalities Act, 1968, and the Constitution of India.

According to us, in this petition, looking to the reliefs claimed and the pleadings, we are not really required to go into this issue. Rival contentions on this issue are therefore kept open for evaluation in an appropriate case,” the Court observed.

The Court further noted that there had been discussion regarding the scope and content of the development plans as contemplated under the constitutional provisions, as well as Sections 238 and 239 of the Goa Panchayat Raj Act, 1994, and Section 184 of the Goa Municipalities Act, 1968.

“At one stage, there was some debate with regard to the contents and scope of the development plans as contemplated by the constitutional provisions or by Sections 238 and 239 of the Panchayat Raj Act, 1994, and Section 184 of the Goa Municipalities Act, 1968. According to us, in this petition, we are not required to go into this issue in the absence of a concrete case being made out before us by either of the parties. Accordingly, we only observe that the development plans will have to be prepared in accordance with law, meaning the provisions of the Panchayat Raj Act, the Municipalities Act, and, of course, the Constitution of India. The rival contentions on this issue are therefore kept open to be evaluated in an appropriate case,” the Court concluded.

Betalbatim set to be first panchayat with drone-based geospatial map

MARGAO: Betalbatim is poised to become Goa’s first panchayat body to implement special drone-based geospatial mapping under Spatial Craft’s Geospatial Technology Solutions.

Through this initiative, the panchayat has digitally mapped the entire village using high-resolution drone imagery, enabling precise measurement of road widths and lengths, road setbacks, physical road records, and road inventories.

Explaining the project, Panchayat Secretary Amol Tilve said that the mapping has facilitated the preparation of open space and biodiversity inventories, which can now be accurately compared with existing village records.

“This technology has provided us with legitimate, real-time data of the panchayat area, showing the actual width of roads, plot dimensions in square metres, and structural setbacks. It also allows us to trace survey numbers and ownership details on-site through a mobile application during inspection visits, instantly identifying the location and ownership of the land under inspection,” he said.

He added that the initiative would enable the panchayat to integrate this data for the preparation of the Gram Panchayat Development Plan (GPDP), Regional Plan proposals, PAI data indexing, zoning, biodiversity preservation, and mapping of natural resources, including the exact locations of trees.

Tilve further noted that the system empowers the panchayat to detect commercial or unauthorised structures, ensuring proper tax assessment and the imposition of relevant fees.“This will significantly enhance revenue generation for the panchayat, providing better funding for developmental projects that directly benefit villagers and users of panchayat facilities,” he said.

He emphasised that this initiative represents a landmark achievement for the entire Department of Panchayats, as it not only simplifies technical and administrative processes but also introduces authentic, legally verifiable, and transparent data into the panchayat’s daily operations.

Tilve commended Sarpanch Minu Antonio Fernandes for his visionary leadership and futuristic approach in advancing good governance, sustainability, and holistic development in Betalbatim.

In a letter to the Director of Panchayats, Secretary Tilve has recommended that this initiative be replicated across all panchayats in Goa.

Sec 239, Sub-Sec 7 of Goa Panchayat Raj Act, 1994

Every District Planning Committee shall, in preparing the draft development plan -(a) have regard to, (i) the matters of common interest between the Zilla Panchayats, Panchayats and Municipal Councils in the district including special planning, sharing of water and other physical and natural resources, the integrated development of infrastructures and environmental conservation;

Amendment of Section 239. In Section 239 of the Goa Panchayat Raj Act, 1994 (Goa Act No. 14 of 1994), in sub-section (7), in Clause (a), in sub-clause (1), for the words “special planning”, the words, “spatial planning” shall be substituted.