Team Goemkarponn
PANAJI: The High Court of Bombay at Goa scheduled a batch of Public Interest Litigations (PILs) challenging Section 39A of the Goa Town and Country Planning Act, 1974, for directions on November 10, 2025.
During the hearing, senior advocate Norma Alvares, representing the petitioners, contended that Section 39A violates Articles 14 and 21 of the Constitution. She also pointed out that issues linked to Section 17(2) of the same Act are already pending before the Supreme Court, which has ordered status quo though without granting a formal stay.
Taking note of the submissions, the Bench said the PILs will be taken up on November 10 “for directions,” when a timetable for arguments will be finalised. The Court also permitted the State to file a sur-rejoinder in the matter.
One of the petitions, filed by NGO Goa Foundation, argued that Section 39A enables arbitrary changes to Regional Plans and notified Outline Development Plans (ODPs) by permitting conversions of privately owned plots based on individual applications — a practice referred to as “spot zoning.”
The plea maintained that such provisions run contrary to the basic framework of the TCP Act, 1974, and undermine constitutional protections. It further submitted that, unlike earlier provisions such as Sections 16B and 17(2), the new clause gives the government sweeping powers to directly intervene in land-use permissions within Planning Areas governed by ODPs.
