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The Bombay High Court has issued notices to Goa's Town and Country Planning Department over recent amendments to the Goa Land Development and Building Construction Regulations, 2010. These amendments allow the government to approve relaxations in height and floor area ratio (FAR) for individual plots, bypassing prior public scrutiny. The Goa Foundation and residents from Margao, Panaji, Chimbel, and Pernem have challenged more than 739 such relaxations, highlighting concerns over environmental, social, and planning impacts. The court has directed replies from authorities and scheduled the next hearing for mid-November.
The Bombay High Court has raised questions regarding recent amendments to the Goa Land Development and Building Construction Regulations, 2010, by issuing notices to the Town and Country Planning (TCP) Department and its scrutiny committee. These amendments allow the government to grant relaxations for height and floor area ratio (FAR) restrictions on a case-by-case basis, diverging from the original regulatory framework. Advertisement
Petitions have been filed by the Goa Foundation and residents from Margao, Panaji, Chimbel, and Pernem, challenging the legality of over 739 relaxations already approved by the TCP Department. Petitioners highlighted that these changes permit significant increases in FAR and building height without public consultation, raising questions about transparency and public interest.
The petitioners pointed out that the amendments were introduced without proper studies of environmental, social, and planning impacts, suggesting they benefit a select few developers while potentially harming wider community interests. They argued that such discretionary relaxations, implemented without public notice, could violate Article 14 of the Constitution, indicating a colorable exercise of power.
Furthermore, petitioners noted that the so-called relaxations function effectively as plot-specific zoning changes, enabling development intensities similar to higher zones-something not permissible directly under existing laws. The petitioners have requested that the High Court quash these amendments to prevent unchecked construction and maintain regulatory consistency.
The High Court has directed the respondents to file their replies within four weeks and has posted the next hearing for November 17. Senior counsel Norma Alvares represented the Goa Foundation, assisted by advocates Om D'Costa, Malisa Simoes, and Sherwyn Correia.
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