24 Feb 2024  |   06:55am IST

Section 39A in Goa TCP Act for land conversion gets Governor’s assent

Amendment omits controversial Section 16B
Section 39A in Goa TCP Act for land conversion gets Governor’s assent

Team Herald

PANJIM: The Governor has assented the amendment to the Town and Country Planning (TCP) Act, introducing Section 39A for facilitating changing of zones of land parcels in the Regional Plan and/or the Outline Development Plan (ODP), except in few cases like eco-sensitive land and saltpans, which will not be allowed to be converted. 

The amendment has also omitted controversial Section 16B of the TCP Act. Using the amended act, land owners can apply for change of zone. Chief Town Planner (Planning) upon direction of the government or on receipt of an application in this regard and with approval of the Board, may, from time to time, alter or modify the Regional Plan after  giving notice of 30 days, inviting suggestions from the public. 

Significantly the word “suggestions” has been used, not “objections”, when in reality there are thousands of objections that people have when these changes are made.

The amendment was passed by the Legislative Assembly on February 7 amid uproar by the Opposition members and assented to by the Governor on February 21. 

Activists have alleged that the amendment allows a backdoor entry for conversion of ecologically fragile land for private and business interests. According to them, amendment is essentially a provision that will enable the TCP Department to make piecemeal zoning changes to the Regional Plans and the ODPs. This practice is known as spot zoning and is frowned upon by the judiciary, not only in India but worldwide.

Zone changes made under sections like 39A can impose negative spillovers onto neighbouring properties. These could include flooding, landslide, groundwater contamination and traffic congestion, the activists. 

Case-by-case zoning changes also provide several opportunities for corruption, and when done at scale, can completely alter the character of an existing Regional Plan. Spot zoning changes will mainly benefit speculative real estate, they said. 


IDhar UDHAR

Iddhar Udhar