Goa Development Plans for 5 Villages | SC Stays Bombay HC’s Suspension

Today(on 21st May), Supreme Court stays Bombay High Court’s suspension of Goa’s December 2022 Outline Development Plans for key coastal villages, impacting regional development.

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Goa Development Plans for 5 Villages | SC Stays Bombay HC's Suspension

NEW DELHI: Today(on 21st May), The Supreme Court of India has intervened, putting a hold on a Bombay High Court decision that suspended the December 2022 Outline Development Plans (ODPs) for several Goa villages, including Calangute-Candolim, Arpora, Nagoa, and Parra. This stay order from the apex court revives the planning process for these key coastal areas, impacting the future landscape of regional development.

During the hearing, a vacation bench comprising Justices Bela M Trivedi and Pankaj Mithal was presented with arguments from the Town and Country Planning Department of Goa among others. The department had appealed against the High Court’s decision that halted the ODPs until a pending public interest litigation (PIL) was resolved.

The justices noted-

“The high court does not have the authority to administer.”

emphasizing the judiciary’s role in administrative governance.

The Supreme Court’s decision to hear the plea was underlined by its statement-

“Considering the facts and circumstances of the case, the implementation of the challenged order is suspended.”

However, they also made it clear that any construction activities carried out during this period would be conditional, stating-

“However, it is emphasized that any construction undertaken will be contingent upon the outcome of the pending PIL before the high court.”

The matter is scheduled for further hearing in the third week of July.

Outline Development Plans are strategic tools used in local governance to shape the development trajectory of specific areas. They are crafted through a collaborative process involving local communities, landowners, and relevant governmental bodies to ensure a balanced approach to development that accommodates diverse interests and preserves the character of the regions.

The contentious nature of the December 2022 ODPs arose when the Bombay High Court, on February 14, put a stay on a circular that sought to implement these plans in the Calangute-Candolim and Arpora-Nagoa-Parra regions. The High Court’s earlier ruling in May stemmed from concerns that unchecked construction under these plans could disrupt the life and environment of these coastal villages.

“As a consequence of this temporary relief, construction and development activities in these five villages had to adhere to Regional Plan-2021 (RPG-2021).”

-the court had explained.

Further complicating matters, the Goa Town and Country Planning (Amendment) Ordinance, 2024 was introduced on February 29 to counteract the High Court’s February decision and to reapply the ODPs to these regions. The High Court had observed the potential negative impact of allowing extensive construction activities without proper oversight.

“Should interim relief be denied and large-scale constructions, developments, conversions, and zone changes permitted, it is certain to have adverse effects on the residents of the five coastal villages of Calangute-Candolim and Arpora-Nagoa-Parra.”

-it noted.

Consequently, the court directed that until the final disposition of the petition-

“For the reasons stated above, we hereby order that the implementation of the December ODPs shall be suspended until the petition is heard and finally disposed of.”

ensuring no further developments occurred based on the contested plans.

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author

Joyeeta Roy

LL.M. | B.B.A., LL.B. | LEGAL EDITOR at LAW CHAKRA

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