GOA FOUNDATION Vs. TOWN AND COUNTRY PLANNING

JUDGEMENT

(1.) 'Goa Foundation', an Environment NGO based in Goa along with Petitioner No. 2, a resident of Candolim village, instituted Petition No. 30 of 2023 as a public interest litigation, being aggrieved by the circular dtd. 22/12/2022 issued by the Chief Town Planner (Planning), which perpetuated the zoning of plots attached to the Outline Development Plan (ODP) of Calangute- Candolim and Arpora-Nagoa-Parra villages, by claiming that they are no longer valid and has been issued without jurisdiction and in addition being contrary to the provisions of the Town and Country Planning Act, 1974 [hereinafter referred to as the 'TCP Act, 1974']. Raising a doubt on the intent of the circular, which was neither notified in the gazette nor displayed on the TCP website, according to the Petitioners, amounted to a mischievous and colourful exercise of power and therefore, it was prayed to be quashed and set aside.

(2.) In addition, the PIL also raised a challenge to the several zoning certificates issued on the basis of the said circular and the Petitioners specifically contended that some certificates were issued even prior to the date of the circular itself, although and the Petitioners do not have any information with regard to any developments on the plots, which are subject matter of the zoning certificates.

(3.) Adopting a strong stand that the impugned circular is a sordid tale of arbitrary and colourable exercise of powers resulting into changing the lucrative land uses in five villages, despite the withdrawal of these villages from the purview of the TCP Act, with an object of its commercialization, the Petition sought the following primary reliefs:-