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The Goa Bench of the Bombay High Court has struck down the rules under Section 17(2) of the Town and Country Planning (TCP) Act, 1974, which allowed zoning changes based on individual applications. The court ruled that these approvals, often converting ecologically sensitive areas into settlement zones, disrupted Goa's Regional Plan 2021. Between March 2023 and January 2025, 353 such approvals impacted 26.5 lakh sq. meters of land. The ruling, following a PIL by environmental groups, limits private land conversions, with the Goa government now set to amend planning guidelines in compliance with the verdict.
The Goa Bench of the Bombay High Court has effectively nullified the rules and guidelines associated with Section 17(2) of the Town and Country Planning (TCP) Act, 1974. This provision previously allowed for the alteration of land zoning based on individual applications, which the court found to disproportionately favor private landowners over public interest. Advertisement
The judgment arose from a Public Interest Litigation (PIL) filed by environmental organizations including the Goa Foundation, Khazan Society of Goa, and Goa Bachao Abhiyan. These groups contended that Section 17(2) was being misused to convert ecologically sensitive areas-such as paddy fields, forests, and no-development zones-into settlement zones for commercial gain. Between March 2023 and January 2025, 353 approvals under this section affected approximately 26.5 lakh square meters of land, primarily involving conversions from agricultural and natural covers to settlement zones.
The court observed that such plot-by-plot conversions disrupted the comprehensive planning envisioned in the Regional Plan (RP) for Goa 2021. The RP is a strategic framework designed to guide infrastructure development, zoning, and environmental conservation in the state. The bench noted that the ad-hoc changes permitted under Section 17(2) effectively 'mutilated' the RP, undermining its intent to balance development with ecological preservation.
While the court did not declare Section 17(2) itself unconstitutional, it significantly limited its application by striking down the associated rules and guidelines as 'ultra vires,' meaning they exceeded the legal authority granted by the TCP Act and the Constitution. This action renders the provision largely inoperative, as there are now no valid procedures to implement it.
In response to the ruling, Goa's Town and Country Planning Minister, Vishwajit Rane, stated that the government respects the judiciary's decision and will amend the bylaws and guidelines to align with the court's directives. He emphasized that the government's intention was to protect the interests of Goans and investors, and that necessary changes will be made without pursuing further litigation.
This decision underscores the judiciary's role in ensuring that urban planning and land-use policies serve the broader public interest, particularly in regions with fragile ecosystems like Goa. It highlights the need for transparent and environmentally conscious planning processes that do not disproportionately favor private interests over ecological sustainability and community welfare.
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