While the formal objection of the Calangute and Candolim panchayats to dragging the two villages, which have given important suggestions under the Regional Plan, into the ODP stands, these objections will come in the way of preparing the land use plan plus the outline development plans, according to provisions of the Goa TCP Act and Rules 1975. While the decision to bring these two panchayats (of three villages) under the ODP was taken on November 28, 2014, the North Goa Planning and Development Authority Chairman Michael Lobo says ‘the NGPDA officially cleared this on June 25. On July 10 a formal proposal will be sent to the government following which work on the land use plan will commence”
But this is easier said than done. The Goa Town and Country Planning Act 1975 acts and rules (Chapter 5, Section 26) clearly state that the preparation of the land use map and register, its display vide a public notice calling for objections , and giving a wide opportunity for complaints and objections to be heard, has to precede the drawing up of the outline development plan. The land use map has to be prepared within six months of the “date of constitution”. If we take the date the government finally accepts the proposal, it will be six months from that date.
The panchayats of both villages confirm that the land use plan will not be cleared and multiple objections will be raised when the public notice is issued and people called for the inspection of the plan
Meanwhile, even if the NGPDA manages to over rule people’s objections with regard to the land use plan and Register and adopts it, it will have to contend with people under Chapter VI, Section 29 of the TCP Act which deals with the preparation of the outline development plan. The section clearly states that the ODP has to be prepared “after consultation with the local authority and submitted to the government for provisional approval”. The definition of “local authority” under section 2 sub section VII of the TCP act is municipal council or a village panchayat. And the village panchayats are clearly not with Michael Lobo, who is also the Calangute MLA.
His ally turned bete noire Joseph Sequeira who controls the Calangute panchayat said, “The BJP government in Goa does what it wants and are least bothered about local bodies. As per the act the local bodies should be taken into confidence before changing or finalizing anything. In fact we have taken a resolution opposing the ODP in Calangute, which is necessary if they want to complete the process. We have a gram sabha on Sunday and the issues will be also discussed there. The move to bring Calangute and Candolim panchayat into ODP’s is only for Lobo’s personal gain”.
Former Calangute MLA and Congress spokesman Agnelo Fernandes said “First of all they don’t have a land use plan and it has ever done. We are going to strongly oppose it in gram sabha, as per rule the consent of the local bodies is must before finalizing ODP”
Lobo in the eye of the ODP storm hinted that if the panchayats object, he will call a meeting of people’s representatives. “We will first send the ODP plan proposal to the panchayats and if they object, we can call a meeting of people’s representatives and seek their opinion to get it passed”.
It’s difficult to understand how this can be done without violating the act which clearly defines “local authorities” and in this case the only local authorities are the two panchayats.
