Goa Foundation leads challenge on Vasco land use and map

Files PIL stating land use register based on illegal order

PANJIM: A group of activists and NGOs, including Goa Foundation, have filed a Public Interest Litigation (PIL) Writ Petition before the High Court of Bombay at Goa challenging the resolution of the Mormugao Planning and Development Authority (MPDA) adopting the Land Use Register and Map (LURM) for the Vasco planning area notified in the Goa Gazette dated December 5, 2019 under Section 27 of the Goa Town and Country Planning (TCP) Act, 1974. 

The petitioners have argued that the Land Use and Map exercise has been purportedly carried out pursuant to an illegal order dated December 28, 2018 issued by the MPDA to the Chief Town Planner (Planning) of TCP Department. 

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The impugned order requires the respondent authorities to prepare a Land Use Register in connection with the modification of the Vasco Development Plan (ODP) in force. It is issued under Section 39 of the TCP Act (Chapter VI of the Act – Preparation of Development Plans), where the Planning Authority is required by law to follow Sections 34-38 of the TCP Act and no order may be issued to go back to Section 26 (Chapter V – Present Land Use), which deals exclusively with the preparation of a Land Use Register and Map, they have stated. 

The petitioners challenge is based on several grounds including gross errors in the Land Use Map and Register, serious violation of norms laid down in the Act, arbitrary and colourable exercise of power, large scale manipulations carried out at the behest of the real estate lobby, the exercise being contrary to public interest, environmental and town planning norms, and affecting petitioners’ right to a planned environment under Article 21 of the Constitution of India.

The petitioners have prayed that the Land Use Register and Map which have been prepared in violation of law and the provisions laid down under the Town Planning Rules be quashed and set aside.

The PIL Writ Petition has been jointly filed by Edwin Mascarenhas, Chicalim Villagers Action Committee, Chicalim Bio- Crusaders, Pratap Mardolkar, Cynthia Miranda and the Goa Foundation.

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