The Goa government has challenged the High Court’s decision to read down Section 17(2) of the Town and Country Planning (TCP) Act, 1974, by filing a Special Leave Petition (SLP) in the Supreme Court. The State argues that the High Court’s March 13, 2025 order, which struck down the 2023 Rules for rectifying inconsistent zoning in the Regional Plan, severely curtails the government’s ability to correct past planning errors and undermines the constitutional separation of powers between the executive and legislature.
The High Court had found the Rules “ultra vires,” noting they lacked clarity on the circumstances warranting zoning corrections and relied on vague guidelines. The government’s SLP contends this interpretation restricts essential planning mechanisms and accuses the court of violating natural justice by relying on broad data about land conversions—mainly from agricultural and natural zones to settlements—without considering individual cases or hearing affected parties.
Despite earlier ministerial assurances to amend the rules rather than appeal, the State now seeks an interim stay on the High Court’s order, emphasizing that defining public participation and post-notification changes in urban planning are legislative functions. The government maintains its commitment to environmentally sensitive development, highlighting that 353 approvals affecting over 26 lakh square metres were granted under Section 17(2) as of January 2025.