Advertisement
What really powers the cloud? Behind every Google search, A...
A lot of what defines a home isn’t visible at handover. I...
Private equity has played a significant role in shaping Indi...
Luxury real estate is one of the most talked-about segments ...
Airports play a much bigger role than just enabling travel -...
The Goa High Court has concluded hearings on writ petitions and PILs challenging Section 17(2) of the Town and Country Planning Act, 1974, which permits the government to amend the Regional Plan 2021 to rectify zoning errors. Petitioners, including NGOs like Goa Foundation and Goa Bachao Abhiyan, argue that the provision enables arbitrary land-use changes favoring real estate interests over environmental sustainability. The government defends it as a necessary correction mechanism. The court's ruling, expected soon, could set a precedent for urban planning policies in India, balancing development with ecological conservation in Goa's rapidly urbanizing landscape.
The Goa High Court has completed hearings on multiple writ petitions and public interest litigations (PILs) challenging Section 17(2) of the Town and Country Planning Act, 1974. This provision, introduced through an amendment in March 2023, allows the government to rectify errors in the Regional Plan 2021, which impacts real estate development and zoning regulations in the state. A division bench, consisting of Justices M S Karnik and Nivedita Mehta, reserved its order, which is likely to be delivered in the next few days. The case is being watched with interest by players in the real estate investment in India industry, as the verdict could have a precedent-setting impact on urban planning policies. Advertisement
Previously, the case was being heard by a different division bench for nearly two months. But before the hearings could be finalized, the bench was reconstituted, and hence there was a new round of arguments before a new bench. This time, the case was heard nearly every day for less than a month.
The PILs have asked for the repeal of Section 17(2), contending that it allows arbitrary alteration of privately held land in the Regional Plan on the basis of individual requests. Petitioners, who include NGOs like Goa Foundation and Goa Bachao Abhiyan, argue that this provision has resulted in a sudden spurt of dubious zoning changes in the name of rectifying mistakes. These purported alterations, they say, benefit real estate developers and private interests at the expense of environmental sustainability.
After its passage, a number of PILs were moved questioning the constitutional validity of this section. The petitioners assert that it facilitates ad hoc and uncontrolled conversions, resulting in uncontrolled real estate investment in India. They also assert that these alterations are causing irreparable harm to Goa's topography, such as hill slope destruction, fields, and green cover, and are not consonant with the ecological requirements and resources of the state.
The current legal battle against Section 17(2) reflects the conflict between urbanization and conservation of the environment in Goa. While the government insists that the provision is needed to rectify zoning mistakes, petitioners claim that it has enabled arbitrary land-use conversions, endangering the ecological balance of the state. The high court ruling will be important in deciding whether the amendment is consistent with constitutional values and sustainable urban planning.
Advertisement
Facebook
Whatsapp
