The anti-outline development plan (ODP) movement unanimously led by the politicians, civil society members and local governing bodies in South Goa turned out fruitful, with High Court ruling in their favour. The court stayed the process of ODP for Margao. The matter is being investigated in case of Ponda and is at present under investigation by Goa Lokayukta (along with Margao).
Unlike in Margao and Ponda, where both the cities stood united with their local leaders and civic body, a similar co-ordination was seen missing in Panjim. Could be because the constituency is ruled by BJP and it has not seen constructive political opposition.
The anomalies, procedure lapses and other irregularities, noted in Margao and Ponda draft ODPs — were also featuring in Panjim ODP — as highlighted by the NGO Goa Bachao Abhiyan (GBA), Institute of Indian Architecture (Goa Chapter) and the City Corporation. However, the movement against stalling notification of Panjim ODP did not pick up in the Capital city unlike in South, despite a Corporation of the City of Panaji (CCP) passing a resolution declining to accept ODP and GBA holding series of corner meetings creating awareness on the crucial issue.
One of the main reasons, apart from the anomaly ridden ODPs was the lack of consensus. Justice Mahesh Sonak’s observation to a petition moved in the High Court by the United Goans Foundation, were the SGPDA was “restrained” from taking up the issue of the revised Outline Development Plan, in its meeting of 30.12.16. Justice Sonak’s order stated “Prima facie there was no consultation between the SGPDA and MMC at this stage of preparation of the revised draft..In case serious issues have been raised in the petition and it not as is some public project would be delayed pr postponed in case the interim relief, as prayed for is granted”
The City Corporation, after initially petitioning the Town and Country Planning (TCP) asking not to grant its approval to the draft ODP, in December, last month, resolved to decline accepting the plan approved by the Board. The council has decided not to grant any new construction licences in the city based on the new plan.
On the other hand, GBA approached North Goa Planning and development authority (NGPDA) and the Chief Electoral Office (CEO) to stay the process of notification of ODP.
Nevertheless, notwithstanding the opposition, the BJP-led government went ahead and notified Panjim ODP, drafted by a sub-committee under chairmanship of its local MLA Siddharth Kunkolienkar.
The Panjim ODP has proposed special settlement/ residential and commercial zone with 200 per cent and 300 per cent Floor Area Ratio (FAR) respectively- a decision which was taken without any regulation support. Hence, in order to facilitate this, the TCP introduced amendment to the Goa Land Development and Building Construction (Amendment) Regulations, 2016.
“We were waiting for a right opportunity. We have all the documents in place to prove how local body was ignored, procedural lapses and gross irregularities. We will now seek to put stay on the notification,” said Surendra Furtado, Panjim’s Mayor responding to a question on why there was delay in approaching Court or Lokayukta.
On the other hand, the GBA is using final ODP plan as base to challenge it before High Court, wherein they will be praying for a stay on the notification and to initiate a fresh process in consultation with stakeholders.
“We wanted a concrete proof to place before the Court and what else could be the best proof then the notified plan itself?” said GBA convener Sabina Martins, defending their delay in taking legal course against the OPD process.
“We are challenging the plan on two points — the process is not followed and that it is full of anomalies. We will also bring to notice of the court that without finalisation of Regional Plan 2021, how can the ODPs for each city be notified?” she said.
Martins alleged that there is vast difference in the draft ODP kept open for public suggestions and the final ODP cleared by the government. “When ODPs are open for minor corrections, how can there be such major changes in form of Special settlement and Commercial Zones,” she pointed out.
