In a surprising turn, the Goa government on Friday requested a deferral of the Supreme Court hearing in its challenge to the Bombay High Court at Goa's March 13 judgment that significantly curtailed Section 17(2) of the Town and Country Planning (TCP) Act.
The apex court adjourned the hearing and scheduled the matter for July 21, after state representatives cited the unavailability of their arguing counsel. The government has filed two Special Leave Petitions (SLPs)—one under the name of the Chief Secretary and another under the TCP Department—indicating the high stakes involved and reportedly to facilitate appearances by two senior advocates.
The delay drew criticism from environmentalist Claude Alvares, Director of the Goa Foundation, who is associated with the petitioners. “When the appeals were called out, lawyers for the State claimed their counsel was unavailable. They didn’t name [Senior Advocate] Mukul Rohatgi, though he was present in the building. Instead, they said the Solicitor-General of India would appear,” Alvares remarked.
The petitions were originally scheduled for urgent hearing following a request submitted by the state on May 28. A three-judge vacation bench comprising Justices Vikram Nath, Sanjay Kumar, and newly appointed Justice NV Anjaria heard the matter before granting the adjournment.
The High Court ruling in question came in response to petitions filed by the Goa Foundation, the Khazan Society of Goa, and Goa Bachao Abhiyan. The groups had challenged the discretionary use of Section 17(2) to permit zoning changes, arguing it disproportionately benefited real estate interests at the cost of ecologically sensitive areas protected under the Regional Plan 2021.