Team Herald
PANJIM: The High Court of Bombay at Goa on Tuesday granted six weeks to the State government to reply on a petition challenging the constitutional validity of certain provisions of the Goa Investment Promotion Act, 2014, which came into force on September 11, 2014.
Pilerne Citizens’ Forum (PCF) had filed a plea stating that the Act is unconstitutional, as its provisions seek to have an overriding effect on other state laws, like Town and Country Planning Act, Goa Panchayati Raj Act, and the Land Revenue Code, which seeks to ensure proper planning, empower local bodies and regulate conversion of land.
When the matter came up, the Court granted the government six weeks to file their reply.
Earlier in April, the government had informed the Court that the Investment Promotion and Facilitation Board (IPBF) is not the final authority to grant approvals to various investment proposals, but they have to be independently examined by other government authorities.
Advocate General Dattaprasad Lawande, appearing on behalf of the State, pointed out that the “in-principle approval granted by IPBF on the basis of impugned legislation does not, by itself, permit the proponents/private respondents to obtain the statutory approvals from the concerned authorities like local panchayats, Town and Country Planning Authority (TCP), etc, as such authorities have to independently examine the applications based on the relevant statutes”.
Advocate Nigel Costa Frias, appearing for PCF, alleged that based on the Investment Promotion Act, private parties are obtaining in-principle approvals and presenting this before statutory authorities, who are influenced to grant permissions under various regulations dealing with development, construction activities, planning, etc.
PCF had also challenged permissions granted to Ozone Leisure and Resorts Pvt Ltd, promoters of the Vanxim resort, Vani Agro Farms Pvt Ltd pursuing a project in Ambdai, Sanguem.
