HC will hear PILs on December 12
Panjim: Two public interest litigation (PIL) petitions have been posted in Goa challenging Section 17(2) of the Town and Country Planning (TCP) Act, which allows disposal of land from orchards and other areas on the basis of errors in regional planning. Allows to change. For further hearing on December 12.
However, the Court granted liberty to the petitioners to apply for interim relief if by the next date, notice is given of any construction on the site based on permission under Section 17(2) of the TCP Act, 1974.
Three public-spirited petitioners from Goa namely Praveensingh Shedgaonkar of Betim, Mayur Shetgaonkar of Morjim and Swapnesh Sherlekar of Mulgao-Bicholim have now challenged 12 permissions granted to build farm houses in Morjim, including the land which was used for gardens. The settlement was converted from.
The parties who were given permission to build farm houses included a former minister, a former Penha de Franca sarpanch, M/s Gangareddy Infra Pvt Ltd and Konidela Ramcharan Tej, among others.
During the hearing, the respondents sought two weeks’ time to file their reply, while the reply would have to be filed by December 1. Reply, if any, must be filed by December 8.
Two separate petitions have been filed by three environmental organizations – Goa Foundation, Khazan Society of Goa and Save Goa Campaign.
Other petitions were filed by three enthusiastic Goans.
The petitioners have prayed for quashing of the newly added Section 17(2) of the TCP Act and quashing of the changes and amendments made in the Regional Plan to rectify the errors and rectification of inconsistent/inconsistent zoning proposals Rules, 2023.
The petitioners have further prayed that the Chief Town Planner (CTP) be directed to immediately inspect the properties in Morjim, where large tracts of land have been converted from garden to settlement and submit the report to the court.
Section 17(2) of the TCP Act was inserted through amendment to the Act on March 1, 2023. The rules made under Section 17(2) enable private persons to file applications for rectification of such alleged wrongful zoning of their area. Plot in the regional plan 2021.
The petitioners have also brought to the notice of the Court that after the amendment and during the process of zone application and change, there has been a wide revision in the value of the properties. Giving an example, the petitioners have said that the property in Anjuna which was purchased for Rs 74 lakh in December last year, was resold for Rs 6.8 crore in June this year after zone change. In another property adjacent to natural cover in Asagao, land was sold for Rs 60 crore.
