Daijiworld Media Network – Panaji

Panaji, Jul 2: In a landmark ruling, the High Court of Bombay at Goa has struck down the Outline Development Plans (ODPs) for five villages—Calangute, Candolim, Arpora, Nagoa, and Parra—stating that these cannot override the Regional Plan and are inapplicable as the areas are no longer designated as planning areas under the Town and Country Planning (TCP) Act.

A Division Bench comprising Justice Bharati Dangre and Justice Nivedita Mehta ruled that the ODPs issued for these villages cannot be enforced, as they contravene the legal framework established by the Regional Plan 2021. “Executive action cannot override statutory law,” the court observed while emphasizing that the TCP Act and its provisions cease to apply once the villages are excluded from planning areas.

The court was hearing a Public Interest Litigation (PIL) filed by the Goa Foundation and a Candolim resident, which challenged a December 2022 circular issued by the Chief Town Planner upholding zoning under the disputed ODPs. The PIL argued that the circular was issued without jurisdiction, lacked transparency, and ignored due process under the TCP Act, 1974.

The court found that zoning changes made under the ODPs were not only illegal and arbitrary but also harmful to the environment and contrary to public interest. It slammed the process, noting that the North Goa Planning and Development Authority (NGPDA) was sidelined and that the TCP Board finalized zone changes for 985 plots in a single day on October 14, 2022 — a clear violation of procedure.

Highlighting the role of District Planning Committees in drafting development plans, the court stressed the importance of inclusive planning that considers environmental conservation and local interests. It also questioned why the state bypassed the comprehensive and consultative process that went into formulating the Regional Plan 2021.

Setting aside the Chief Town Planner’s circular, the bench ruled it as a "mischievous and colourable exercise of power" that lacked legal backing. “We do not find justification in the State issuing the Executive Order,” the court said, asserting that the Regional Plan 2021 remains the valid and enforceable planning document for the state.

The verdict is being hailed as a major win for environmental activists and local communities, reinforcing the need for lawful and transparent planning processes in Goa’s development landscape.