HC cautions persons seeking conversions under amended 16B of TCP Act

Team Herald
PANJIM: The High Court of Bombay at Goa has cautioned persons seeking conversion of their land under the 16B amendment to the Town and Country Planning Act that the action will be subject to the decision taken in the public interest petition (PIL) seeking quashing of the amendment.
During the hearing of the PIL on Wednesday, the High Court directed that ‘any action that may be taken in pursuance of section 16B of the Goa Town & Country Planning Act, 1974, shall be subject to the outcome of the present petition. This position is made clear so that no parties can claim equities’.
The High Court will begin the final hearing on the PIL seeking quashing the provisions of amended Section 16B of Goa Town and Country Planning Act from February 26.  
NGOs Goa Foundation and Goa Bachao Abhiyan had moved the court last year seeking to strike down this amendment in public interest. The petitioners’ prime objection is that the amendment allows individual requests as per ownership, over public interest in contravention to the principles of planning; and also mentioned that Town and Country Planning Department is placing notices encouraging people to come forward and convert areas for a fee using amendment 16B.
GBA, through a statement on Friday, alerted the people and advised potential applicants using 16B for land use change to make a note of the court directions.
“The GBA stands by the Constitution which guarantees citizens of India a right to planning and environment. In this light, GBA urges the government to follow due process and true participative planning,” GBA Convener Sabina Martins said.

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