Case Note & Summary
The present judgment arises from a public interest litigation before the High Court of Bombay at Goa, initiated by the Goa Foundation, an environmental NGO, and a resident of Candolim village. The petitioners challenged a circular dated 22.12.2022 issued by the Chief Town Planner (Planning), which they alleged perpetuated zoning of plots attached to the Outline Development Plans of Calangute-Candolim and Arpora-Nagoa-Parra villages, covering five villages in North Goa. They contended the circular was invalid, without jurisdiction, contrary to the Town and Country Planning Act, 1974, and amounted to a colourable exercise of power. The petition also assailed zoning certificates issued under the circular and the December ODPs notified on 13.12.2022, alleging they defied Regional Plan 2021 and diminished eco-sensitive zones. During pendency, the State promulgated an Ordinance on 29.02.2024 amending Section 19 of the TCP Act, and later issued an Executive Order on 22.08.2024; both were challenged by amendment. The court issued Rule on 14.02.2024 and granted interim relief staying the circular, restraining conversion sanads without verifying plot zone status in RP-2021, and later stayed operation of the December ODPs on 02.05.2024. Connected writ petitions by the Calangute Constituency Forum and Village Panchayat Calangute were tagged. The bench heard arguments from senior counsel for petitioners, who emphasized protection of eco-sensitive zones, arbitrary exercise of power, and statutory non-compliance. The available excerpt ends before the court's final analysis and decision; therefore the ultimate holding and ratio are not extractable from the provided text. The procedural history establishes that the matters were reserved on 8 May 2025 and judgment pronounced on 23 June 2025.
Headnote
A) Town and Country Planning - Zoning and Outline Development Plans - Validity of Circular and ODPs - Town and Country Planning Act, 1974, Section 19 - Petitioners challenged circular dated 22.12.2022 and revised ODPs notified on 13.12.2022 as arbitrary, colourable, and contrary to the Act, particularly affecting eco-sensitive zones in five villages; the court's analysis and final direction on these challenges are not available in the provided text (Paras 1-5). B) Constitutional Law - Executive Power - Article 162 of the Constitution of India - Limits of Ordinance and Executive Order - Petitioners challenged the Ordinance amending Section 19 and the Executive Order dated 22.08.2024 as impermissible when a legislative regime existed; the court's reasoning on these constitutional challenges is not extractable from the excerpt (Paras 4-5). C) Public Interest Litigation - Locus Standi and Public Interest - Protection of Eco-Sensitive Zones - Constitution of India, Articles 243-A to 243-N and Goa Panchayat Raj Act, 1994 - Petitioners including an NGO and a village panchayat asserted public interest in protecting eco-sensitive zones, while the court issued Rule and interim reliefs preserving status quo; final adjudication unavailable (Paras 1, 6-8).
Issue of Consideration
Whether circular dated 22.12.2022 issued by the Chief Town Planner was valid, within jurisdiction, and consistent with the Town and Country Planning Act, 1974; whether revised Outline Development Plans for Calangute-Candolim and Arpora-Nagoa-Parra notified on 13.12.2022 were valid, especially as they allegedly defied Regional Plan 2021 and diminished eco-sensitive zones; whether the Ordinance promulgated on 29.02.2024 amending Section 19 of the TCP Act was constitutionally valid; whether the Executive Order dated 22.08.2024 issued under Article 162 of the Constitution was permissible in the existing legal regime; whether zoning certificates issued on the basis of the impugned circular and ODPs should be cancelled.
