PANJIM: The High Court of Bombay at Goa has directed the State government, and Departments of Panchayats and Municipal Administration to ensure development plans are in place within 30 days.
The division bench comprising Justice M S Sonak and Justice M S Jawalkar passed the order in a Public Interest Litigation that development plans from Panchayats, Zilla Panchayats and Municipal Councils are submitted within the prescribed time.
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“The Director of Panchayats, the State Government and the Director of Municipal Administration issue the necessary intimation/directions to the Panchayats, Zilla Panchayats and Municipal Councils in the State of Goa, respectively, within thirty days from today, fixing the time limit within which the Panchayats, the Zilla Panchayats and the Municipal Councils must submit their development plans in terms of the provisions of Section 238 of the Panchayat Raj Act 1994 and Section 184 F of the Goa Municipalities Act, 1968,” the court stated, while disposing off the PIL Writ Petition of United Goans Foundation.
The court observed that it is the duty of the Panchayats to prepare every year a development plan and submit it to the Zilla Pachayat ‘before such date and in such form as may be prescribed’. Similarly, Section 184 F of the Municipalities Act, 1968, casts a duty upon the Municipal Councils to prepare every year a development plan and submit the same to the District Planning Committee constituted under Section 239 of the Panchayat Raj Act, 1994.
“Such duties which are cast upon the Panchayat and the Municipal Councils are relatable to the provisions of Article 243ZD of the Constitution of India. Similarly, Section 184 F of the Municipalities Act, 1968, casts a duty upon the Municipal Councils to prepare every year a development plan and submit the same to the District Planning Committee constituted under Section 239 of the Panchayat Raj Act, 1994. Such duties which are cast upon the Panchayat and the Municipal Councils are relatable to the provisions of Article 243 ZD of the Constitution of India,” the 25-page order further states.
The petitioner had sought from the court an order or direction declaring that sections 10 to 17, 33 to 37 and 39 of the Goa Town and Country Planning Act 1974 are unconstitutional and hence invalid and thereby striking it down.
It also sought that the government, Director of Panchayats and Director of Municipal Administration be directed to immediately ensure that all village panchayats and municipal councils/corporations in Goa prepare the development plans as required by section 238 of the Goa Panchayat Raj Act 1994 and section 184 F of the Goa Municipal Act, 1968.
In its other set of pleas, United Goans Foundation further urged the court to direct the government to immediately constitute the District Planning Committees as required by section 239 of the Goa Panchayat Raj Act 1994, among others.
