The High Court of Bombay at Goa has disposed of a petition filed by activists seeking an inquiry into the loss caused in the assessment of fees in 120 cases gazetted under Section 17(2) of the Town and Country Planning (TCP) Act, as an inquiry is already underway to recover the deficit fees.
Activists Swapnesh Sherlekar, Jose Carlos Da Veiga Gracias, and Rupesh Shinkre had filed a writ petition urging the State authorities to quash the assessment order dated June 11, 2024, made under Section 17(2) of the TCP Act. They also sought recovery of the deficit fees from Brahm Agro Terra Projects Ltd and then Chief Town Planner Rajesh Naik.
If you enjoyed reading this article, you can help support our journalism by adding OHeraldo as a preferred source.
The earlier notification was superseded by another issued on March 28, 2024, prescribing revised rates of ₹1,000 per sq m for areas above 2,001 sq m up to 20,000 sq m, and for areas above 20,001 sq m.
Senior Counsel Narichania informed the court that the government had examined 47 files submitted by the TCP Department. Out of these, 32 assessees had paid the revised fees, while 14 were given a week to clear the deficit, failing which their permissions would be rescinded. The government has already revoked permission granted to Brahm Agro Terra Projects Ltd after the company failed to pay the revised amount.
The Vigilance Department also reviewed 46 files involving applications for zone corrections, directing that fees be aligned with the revised notification. Additionally, 54 more files are under scrutiny, with a detailed report to be submitted in a sealed envelope.
The court took note of the Vigilance Director’s report dated April 17, 2025, and permitted petitioners’ counsel, advocate Rohit Bras De Sa, to inspect the preliminary inquiry report.
Representing the State, Senior Advocate Venkatesh Dhond submitted that out of 47 cases, 40 assessees paid the deficit processing fees, and permissions were cancelled for seven who failed to comply. The court noted that no loss of public revenue had occurred and subsequently disposed of the petition.
