SC refuses to stay Goa HC order on TCP Act and ODPs; Construction to remain frozen


Daijiworld Media Network- Panaji

Panaji, Jul 22: In a major setback for the Goa government, the Supreme Court on Monday declined to grant an interim stay on two significant judgments of the Bombay High Court at Goa that had halted operations of the controversial Outline Development Plans (ODPs) and read down Section 17(2) of the Goa Town and Country Planning (TCP) Act.

The apex court bench comprising Justices Vikram Nath and Sandeep Mehta, while hearing the state’s appeal, issued notices to all respondents, including the Goa Foundation, Calangute Constituency Forum, Calangute panchayat, and social activist Roshan Matias. However, it ordered a status quo be maintained — effectively stalling any ongoing or proposed construction activities linked to the suspended ODPs of Calangute-Candolim and Arpora-Nagoa-Parra.

Environmental activist and Goa Foundation director Claude Alvares welcomed the development, stating, “All construction linked to these ODPs must remain at a complete standstill until the Supreme Court gives a final decision on the appeals.”

The High Court, in its landmark judgment passed in March this year, had declared the Goa Town and Country Planning (Alteration/Modification in the Regional Plan for Rectification of Inconsistent/Inadvertent Zoning Proposals) Rules, 2023, as unconstitutional. It also read down Section 17(2) of the parent Act, citing arbitrariness and conflict with the principles of planned urban development.

Interestingly, after initially accepting the High Court verdict and indicating its willingness to work within the new framework, the Goa government later reversed its stand and filed appeals against both the decisions.

With the Supreme Court refusing a stay, legal experts say the ruling strengthens judicial scrutiny over arbitrary land-use modifications and places a temporary freeze on contentious construction under the affected ODPs.

The matter will now proceed for detailed hearing, even as stakeholders across Goa's tourism belt watch closely, given the implications for future planning, real estate, and local governance.

  

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Title: SC refuses to stay Goa HC order on TCP Act and ODPs; Construction to remain frozen



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