How ODPs suspended due to large-scale illegalities came alive again

High Court refers to letter from NGPDA to TCP on zone changes in 5 ODPs, and states “it is an indictment...on the role played by Michael Lobo and Francis Silveira”; ‘illegalities found on 401 out of 434 survey numbers’

Published on:

15 Feb 2024, 1:57 am

CHRONOLOGY

27.04.22 ODPs of Calangute Candolim, Arpora, Nagoa and Parra were suspended since “large-scale illegalities” were suspected. A review committee was constituted to study this.

13.06.22 The Member Secretary of NGPDA RK Pandita as per directions of the Review Committee filed a report to the Chief Town Planner on all the zoning and conversion changes made in the ODPs that were now under thorough scrutiny (later referred to as “The communication”

The Court, commenting on this report said “This communication makes very depressing reading. The communication gives a glimpse into the preparation of ODPs of these five villages and the extent of illegalities involved in their preparation

HC stated: The communication amounts to a severe indictment by the author of this communication

(Member Secretary of NGPDA RK Pandita & others) on the role played by Michael Lobo (then Chairman of NGPDA) & Fransisco Silveira – also Chairman NGPDA at another time (on directly instructing and ordering the zone changes to officials)

25.07.22 Review Committee to look into illegalities submits it report

12.08.22 Interestingly Based on this report ODPs of Calangute - Candolim, Arpora Nagoa and Parra that were early fully suspended, were not “partly suspended”

Importantly the petitioner in the present case, Goa Foundation stated that of 434 survey numbers, illegalities were found in 401 survey numbers

13.12.22 (Notification on 15.12.22) In spite of all of the above ALL ODPs APPROVED

16.12.22 The very next day authorities withdraw these ODPs from the TCP act, ODPs cease to apply, RP 2021 rules come into force.

22.12.22 (Just five days later) Another circular issued by Chief Town Planner directing the TCP to follow the “approved ODPs” (which technically did not exist vide order of 16.12.22) to scrutinise applications for zone changes, conversions etc.

In a strong indictment of the TCP, the court remarked that this was done “Prima facie as a backdoor subterfuge to reinstate the ODPS and suspend RP 2021”

Goa Foundation went to court against this circular which revived ODPs that were earlier suspended, then partly suspended, then revived and then withdrawn

Petitioners have made out a very strong prima facie case: HC

The Petitioners have made out a very strong prima facie case when they contend that the Chief Town Planner, by means of a circular, could not have virtually revived lapsed ODPs or suspended the prevailing Regional Plan in complete disregard to the legal provisions contained in Section 19 or Section l6 of the TCP Act,1974. Section 19, as noted earlier, provides inter alia for the lapsing of ODPs once an area is withdrawn from a planning area. Section 16 provides that all development programmes must conform o the Regional Plan's provisions. These statutory provisions could not have been set at nought by the Chief Town Planner by issuing the impugned circular dated 22.12.2022. Therefore, a case is indeed made out for granting interim relief