Goemkarponn Desk
DELHI: In a major relief to Goa Government, the Supreme Court on Tuesday stayed the Bombay High Court at Goa’s interim stay on development based on permissions/conversions granted under the outline development plan (ODP) notified on Dec 15, 2022 for Calangute, Candolim, Arpora, Nagoa and Parra.
The Vacation Bench, while hearing the plea filed by the Goa Government challenging HC order, stated that any constructions based on these ODPs will be subject matter of final outcome of the petition.
The matter is now posted for further hearing in July.
Goa Foundation had challenged the Goa Town and Country Planning (Amendment) Ordinance-2024 promulgated on Feb 29 and published in the official gazette on March 2 that stated that the ODPs was deemed to have come into force on Dec 16, 2022.
Govt had issued the ordinance after the HC on Feb 14 passed an order staying the circular of 2022 as it was contrary to the TCP Act. The circular was regarding development in these five villages.
While posting the petition filed by Goa Foundation for next hearing in July, the HC had on May 2, ruled that the interim stay would be in effect till the petition is disposed of, and that construction, development, conversions and zone changes in the five villages should strictly abide by Regional Plan (RP) 2021.
Goa Government last week moved Surpeme Court against the High Court order.
The HC in Feb had scrapped the ODPs prepared for the five villages and stated that all approvals for construction be strictly based on the RP 2021.
The ODPs of Calangute-Candolim, Parra, Arpora and Nagoa were notified on December 15, 2022. However, the very next day, the State government issued an order recalling these five coastal villages as planning areas. Once an area was withdrawn from a planning area, the ODPs approved for the area lapsed.
But on December 22, 2022, the Chief Town Planner, ostensibly following on a decision taken by the Town and Country Planning Board (chaired by the Town and Country Planning Minister) took a decision to direct the town planning offices to issue zoning certificates in respect of these five villages as if the ODPs were still valid in law.
Based on this circular, the CTP (Panning) had directed the Town Planning offices to follow the approved ODPs of these five villages for scrutinising/issuing the application for construction, revisions, re-construction, sub-division of land, zoning, conversion, etc.
Earlier, the Calangute-Candolim was declared as planning areas in 2015 and the villages of Arpora, Nagoa and Parra were declared as planning areas in 2017 and were brought under the jurisdiction of North Goa Planning and Development Authority (NGPDA).
On April 27, 2022, the ODPs for these five villages were suspended because large-scale illegalities were suspected in their preparation and finalisation.
