Opposition MLAs, drawing attention toO Heraldo’s report titled ‘54 illegal structures in Old Goa heritage zone’ dated December 11, 2024, raised serious concerns in the Assembly on Wednesday over the absence of a comprehensive Master Plan to protect the UNESCO World Heritage sites in Old Goa.
Moving a calling attention motion, they highlighted repeated instances of illegal constructions within the protected zone and called on the government to act swiftly to enforce heritage protection laws.
Leader of Opposition Yuri Alemao said, “The attention of the House is drawn to the urgent need for a Master Plan to safeguard the UNESCO World Heritage Sites in Old Goa. Despite the Archaeological Survey of India (ASI) protecting 14 heritage monuments/sites under the Ancient Monuments and Archaeological Sites and Remains Act, 1958, with prohibited and regulated zones, illegal construction attempts persist. A Master Plan and strict enforcement of rules and regulations are essential to preserve these sites. What steps will the government take in this matter?”
Alemao, waving a copy of O Heraldo, added, “There have been multiple reports of illegal structures near the heritage monuments. A controversial bungalow came up in the regulated zone. The permission was revoked, but the structure still exists. The Save Old Goa Action Committee has made a representation to the government and protested, but still there has been no action. I do not know why this government has so much love for the bungalow.”
St Andre MLA said, “The reply says there is no need for a Master Plan. It also says that the panchayat is empowered to take action against illegalities according to the Panchayat Raj Act. But the point is that the TCP Department gives permission and then says the panchayat can take action. When the panchayat takes action, the concerned parties go to the Directorate of Panchayats or Block Development Officer (BDO), contending that the permission was granted by the TCP Department.”
He reminded the House that Rane had earlier assured that the buffer zone would be earmarked within three months.
MLA Carlos Ferreira explained the broader need for a Master Plan, stating, “The Master Plan we are talking about is for beyond 300 metres, so that you can specify what type of development, height, or structure can come up there.”
MLA Venzy Viegas pointed out that despite legal requirements, the ASI, the Archaeology Department, and the Goa government had failed to prepare and notify heritage bylaws for Old Goa.
He demanded that the ASI finalise and publish site plans and bylaws for all pending monuments, halt further construction permissions in regulated zones until rules are in place, and formulate a Master Plan that includes the 300-metre buffer zone. He also sought clarity on the legal authority under which the Chief Town Planner issues permissions and whether the National Monument Authority (NMA) has approved them.
However, Rane stated that under the provisions of the Ancient Monuments and Archaeological Sites and Remains Act, 1958 (Central Act No 24 of 1958), as amended from time to time, any development within 100 metres of protected sites or monuments (designated as the Prohibited Area) requires a No Objection Certificate (NOC) from the Director General, Archaeological Survey of India (ASI), New Delhi. Similarly, any development within 100 to 300 metres (the Regulated Area) requires prior approval from the National Monument Authority (NMA), New Delhi.
Development activities in Old Goa are regulated as per the notified Settlement Level Plan under the Regional Plan for Goa 2021 (RPG-2021). Before granting any technical clearance within the prohibited or regulated zones, the Town and Country Planning (TCP) Department ensures that prior permission is obtained from the ASI or NMA, as applicable, along with clearance from the Conservation Committee.
Additionally, under Regulation 6B 2(A) of the Goa Land Development and Building Construction Regulations, 2010, the TCP Department has notified a site plan clearly delineating the protected, prohibited, and regulated areas of ancient monuments and archaeological sites located within the limits of the Settlement Level Plan of the Village Panchayat of Ella – Old Goa, vide Notification dated October 19, 2023, published in the Official Gazette on October 26, 2023.
As per the Act, the ASI, Goa Circle, is authorised to take necessary action against illegal constructions within the prohibited and regulated areas of protected monuments. Furthermore, the Village Panchayat is also empowered, under the Panchayat Raj Act, to act against illegal constructions within its jurisdiction.
Rane asserted that there is no requirement for a separate Master Plan to safeguard sites already protected by the ASI. Instead, strict enforcement of the Act by the ASI and Village Panchayats is essential to curb illegal constructions in these sensitive zones.