PANAJI
The Bombay High Court at Goa has issued notices to the State Town and Country Planning Department and other state agencies and other respondents in a case challenging a government circular, via which the now scrapped ODP of Calangute and Candolim has been allowed to continue in operation.
Hearing a petition filed by the Goa Foundation and Roshan Mathias, the High Court posted the matter for hearing on October 30.
Notices have also been directed to be issued to former chairman of the North Goa Planning and Development Authority Francisco Silveira and Michael Lobo who is presently the MLA of Calangute constituency.
The PIL states that the areas of Calangute, Candolim, Parra, Arpora and Nagoa were withdrawn as Planning Areas under the Town and Country Planning Act on 16.12.2022. However, the Chief Town Planner issued an illegal circular on 22.12.2023 which sought to maintain the zoning under the ODPs, even though all areas covered had reverted to RP2021 status.
“Once an area is withdrawn as a Planning Area, all orders passed in relation to such areas including ODPs lapse on the date of the withdrawal. The PIL also challenges several zoning certificates issued on the basis of the said circular. In fact, some certificates were issued even prior to the date of the circular itself,” the Goa Foundation said.
“There are no powers under the TCP Act 1974 to issue such circulars which are in fact contrary to specific provisions of the Act itself. To the best of the Petitioners’ knowledge, the circular has neither been notified in the gazette nor displayed on the TCP website. Its intent is mischievous and amounts to, and enables, colourable exercise of power,” the Goa Foundation’s Director Claude Alvares, said.
