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

Panjim: The Governor has approved amendment to the Town and Country Planning (TCP) Act, inserting Section 39A to facilitate changing the areas of land parcels in the Regional Plan and/or Outline Development Plan (ODP) , except in some cases such as environmentally sensitive lands and salt fields, which will not be allowed to be converted.

The amendment has also removed the controversial Section 16B of the TCP Act. Using the amended Act, landowners can apply for a zone change. The Chief Town Planner (Planning) may, on the instructions of the Government or on receipt of an application in this behalf and with the approval of the Board, from time to time, by giving 30 days’ notice, make changes or amendments in the Regional Plan, inviting suggestions. Public.

It is noteworthy that the word “suggestions” has been used, not “objections”, whereas in reality people have thousands of objections when these changes are made.
This amendment was passed by the Legislative Assembly on 7 February amid uproar from opposition members and was approved by the Governor on 21 February.
Activists have alleged that the amendment allows backdoor entry for conversion of ecologically fragile lands for private and commercial interests. According to him, the amendment is essentially a provision that will enable the TCP department to make piecemeal zoning changes in the regional plans and ODPs. This practice is known as spot zoning and is frowned upon by the judiciary not only in India but across the world.

Zone changes made under sections like 39A can have a negative impact on neighboring properties. Activists said these could include floods, landslides, groundwater pollution and traffic congestion.
Case-by-case zoning changes also provide many opportunities for corruption, and when carried out on a large scale, can completely change the character of an existing regional plan. He said the spot zoning changes would primarily benefit speculative real estate.