High Court Strikes Down Section 17(2) of TCP Act, Impacting Zoning Approvals in Goa

We’re pleased with this victory. The judgment essentially stops the practice of changing zoning on a case-by-case basis, which was disrupting the entire landscape of Goa. It disregarded the existing Regional Plan, which is crucial for protecting Goa’s environment while still allowing for controlled development.

Petitioner’s Counsel, Norma Alvares

In a landmark decision, the High Court of Bombay at Goa on Thursday, struck down the rules and guidelines enabling the operation of Section 17(2) of the Town and Country Planning Act. This decision follows petitions filed by several organizations and individuals challenging the provisions.

The Court’s ruling focused on the application of Section 17(2), stating that any proposals under this section must be assessed within the framework of the Regional Plan 2021 and not in isolation. The Court emphasized that future proposals should be considered in light of the regional plan, and not based on inconsistencies or incoherencies.

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The Court further directed that no additional approvals could be granted under Section 17(2) at this time, despite the state government’s request for a six-week stay on the ruling.

Alvares highlighted that the petition challenged multiple zoning changes, especially those done on inconsistent grounds, calling them “spot zoning” that altered the context of the region’s planning.

Each individual zoning change made under Section 17(2) will now have to be reassessed. These approvals were often made without showing any real error in the Regional Plan, which is what the Court has now cancelled.

Norma Alvares

The case revolves around the controversial Section 17(2), which was introduced as an amendment to the Town and Country Planning Act in March 2023. This section allowed private individuals to apply for corrections to zoning discrepancies in the Regional Plan 2021.

Environmental organizations like the Goa Foundation, the Khazan Society of Goa, and Goa Bachao Abhiyan, as well as several individuals, had filed a petition challenging the implementation of this provision.

The matter will be reviewed again in six weeks, and the High Court has yet to dispose of the petition regarding the 24 initial zone change approvals.

This ruling has significant implications for future development and land use in Goa, ensuring that any zoning changes are more in line with the established Regional Plan, and safeguarding the environment and the interests of local communities.

The decision comes after many approvals were granted based on inconsistencies and lack of coherence rather than actual errors in the plans.