The High Court today struck down the rules and guidelines that facilitated the operation of Section 17(2) of the Town and Country Planning (TCP) Act. The ruling followed petitions filed by various organizations and individuals challenging these provisions.
Regarding Section 17(2), the Court ruled that it must be “read down,” meaning that any proposal must be evaluated in the context of the Regional Plan, rather than independently or based on inconsistencies or incoherencies. Petitioner’s Counsel, Norma Alvares, stated that the Court had determined that no further approvals could be granted at this time, despite the State Government’s request to stay the operation of Section 17(2) for six weeks.
Alvares described the ruling as a significant victory for the people, emphasizing opposition to the practice of spot zoning, which altered the landscape of Goa in various locations, undermining the Regional Plan 2021. She stressed that the Regional Plan, which remains valid, serves to protect Goa’s ecology and environment while allowing for controlled development in designated areas. The Court has adjourned the matter for further consideration in six weeks.
When asked about the future of conversions approved under Section 17(2), Alvares explained that each case must be examined in light of the judgment. Many of the approvals were based on inconsistencies or incoherencies, rather than errors. According to the judgment, changes in zoning can only be considered if there is a demonstrable error in the original Regional Plan, not simply because individuals wish to change zoning for development purposes. The Court’s decision effectively nullifies such approvals. The Public Interest Litigation (PIL) had contested the first 24 zone change approvals, which were largely based on spot zoning practices.
The petition was filed by three environmental organizations—Goa Foundation, the Khazan Society of Goa, and Goa Bachao Abhiyan (GBA)—as well as several individuals, all of whom challenged the provisions under Section 17(2).
Section 17(2) of the TCP Act was introduced through an amendment on March 1, 2023. The rules framed under this section allowed private individuals to apply for corrections or rectifications of inadvertent errors and inconsistencies in the zoning proposals of the Regional Plan 2021.
