PANJIM: The High Court of Bombay at Goa on Thursday stayed the Outline Development Plans (ODP) for Calangute-Candolim Planning Area 2025 and Arpora-Nagoa-Parra Planning Area-2030 dated December 13, 2022 published in the Official Gazette dated December 15, 2022.
Hearing a civil application filed by Goa Foundation through its Secretary Claude Alvares and Roshan Mathias, the Court said, “We direct pending hearing and final disposal of the petition, operation of December ODPs shall remain stayed. No permissions, clearances, or change of zones shall be granted based on the December ODPs. If any permissions are already granted or deemed to be granted under the impugned Ordinance, respondents Town and Country Planning (TCP) Department, State government and TCP Board will ensure that no construction or development activities proceed based upon such permissions/clearances.”
The division bench comprising Justice Mahesh Sonak and Justice Valmiki Menezes has further asked the authorities to ensure that no conversions or changes of zones or users be permitted based on the December ODPs. Construction, development, conversions and zone changes in the five villages should strictly abide by Regional Plan Goa-2021, as directed in the interim order dated February 14, 2024.
The Court stated that the North Goa Planning and Development Authority (NGPDA), North Goa Collector and TCP Department officials would be responsible for ensuring this.
The Court also denied the stay prayed by Maharashtra Advocate General and senior advocate Shyam Mehta for the State, stating that granting a stay would be counter-productive because, based on this stay, the State and its officials would continue to effect large-scale zone changes, conversions, constructions and developments.
The matter has been posted for final hearing on July 8, 2024, high on board subject to overnight part-heard matters. Incidentally, the Court order mentions that an affidavit presented before it reveals prima-facie that Calangute MLA and then NGPDA Chairman Michael Lobo was the prime beneficiary of conversion and zone changes. Lobo was NGPDA Chairman from 2012 to July 2019.
By a civil application, the petitioner had prayed for a stay on the operation of the impugned Ordinance or in any case, a stay on the December ODPs as interim relief.
Adv Norma Alvares, counsel for the petitioners, submitted that by now, based upon the circular dated December 22, 2022 issued by the Chief Town Planner (CTP) and the impugned Ordinance, about 141 technical clearances and 745 zoning certificates have been issued by the TCP Department, State government and the TCP Board. She submitted that this civil application or even the main petition itself could be heard in June (after vacation). But till then, the respondents should be restrained from issuing further technical clearances or zoning certificates. She apprehended that if, based on technical clearances or zoning certificates, any construction or development is permitted to come up, the same would not only change the status quo but might also introduce complications by creating some third-party rights. She, therefore, urged that the status quo be ordered up to June 2024, when the main petition itself could be taken up for final hearing or, in any case, the application for interim relief could be taken up for disposal.
As regards to subject to the files on record of MLA Michael Lobo wherein he had sought development permission from the NGPDA and change of zone is done by himself to his properties as being the owner along with his family as shown below as records available in the office and the sale deed in joint venture.
The cumulative figure of change of zone done to various zones i.e. S-3, S 1, S-2, C-3 and C-2 was 27,814.62sqmt. Of this, 5,000sqmt of land was changed in Candolim/Marra, 7,352.62sqmt in Calangute, 13,662sqmt in Parra and 1,800sqmt in Nagoa.
