Team Herald
PANJIM: A Division Bench of the High Court of Bombay at Goa has disposed of the Public interest litigation (PIL) filed by Mapusa Tenant Associations against the implementation of Mapusa Town Planning Scheme in tenanted lands.
The Bench comprising of Justices SC Gupte and Nutan Sardesai termed the PIL infructuous as the government had filed an affidavit enclosing an order issued by the Chief Town Planner directing the Planning and Development Authority (PDA) to revise the Mapusa Outline Development Plan (ODP).
The PIL filed by the Camarcazana Bundh Tenants Association and the Goa Foundation challenged the Town Planning Scheme (TPS) notified under the ODP of Mapusa on November 28, 2016.
The PIL challenged the demarcation of land assigned for the Mapusa TPS as it included within it large tracts of agricultural and khazan land to be diverted for non-agricultural purposes, an activity not permitted by law.
The petitioners prayed that such diversion was in violation of the Goa Land Use Act, 1991, as majority of these fields are covered by the provisions of the Tenancy Act, 1964.
The petitioners claimed that if these land use changes are allowed, Mapusa city would lose more than 80 per cent of its agricultural lands (nearly 18 lakh square metres).
They further stated that, part of the area under the TPS II which is khazan area was protected and categorised as a No Development Zone under the CRZ Notification 2011 when the ODP was notified.
In the PIL, the petitioners prayed that TPS can only be taken up if the majority of owners agree to the scheme and other conditions are met.
They claimed that they had already objected to the scheme at the time of preparation of the ODP. Subsequently, on behalf of its members, it has formally withdrawn consent to the scheme under section 67 of the TCPA Act, 1974.
