PANJIM: In a major submission, the State Government informed the High Court that the Investment Promotion and Facilitation Board (IPFB) is not the final authority to grant approvals to various investment proposals, but the proposals have to be independently examined by other government authorities.

Pilerne Citizens Forum (PCF) had filed a plea before the High Court of Bombay at Goa against Ozone Leisure and Resorts Pvt Ltd, promoters of the Vanxim resort, Vani Agro Farms Pvt Ltd, pursuing a project in Amdai, Sanguem, and the State government. 

The petition had challenged the constitutional validity of certain provisions of the Goa Investment Promotion Act, 2014. 

Advocate General Dattaprasad Lawande, appearing on behalf of the State, pointed out that the “in-principle approval granted by IPFB on the basis of impugned legislation does not, by itself, permit the proponents/private respondents to obtain the statutory approvals from the concerned authorities like local panchayats, Town and Country Planning Authority (TCP), etc, as such authorities have to independently examine the applications based on the relevant statutes”.

The matter was heard on April 19 and has been reserved on June 12. 

Earlier, Advocate Nigel Costa Frias, appearing for PCF alleged that based on the Investment Promotion Act, private parties are obtaining in-principle approvals  and presenting it before the statutory authorities, who are accordingly influenced to grant permissions under various regulations dealing with development, construction activities, planning, etc.

“In such circumstances, as such authorities are blanketly granting approvals, based on the in-principle approvals granted by the concerned authority under the impugned Act, it would appropriate to stop granting of further approvals by such concerned authority,” Frias told the court. 

PCF in its original petition filed in January, had said that the law is unconstitutional, as its provisions seek to have an overriding effect on other State laws.

It said that the provisions will have overriding effect on Town and Country Planning Act, Goa Panchayati Raj Act, and the Land Revenue Code, which seeks to ensure proper planning, empower local bodies and regulate conversion of land.

The board is currently non-functional, as its term lapsed in November last year, facilitated single window clearances speedily for various investment proposals in sectors like tourism, pharmaceuticals, and other expansion projects.