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Time of India
2 days ago
- Politics
- Time of India
SC adjourns ‘urgent' TCP case as Goa says counsel unavailable
Panaji: on Friday adjourned to July 21, state govt's special leave petition challenging the high court's verdict in the Section 17(2) matter after state informed SC that its counsel was not available. Tired of too many ads? go ad free now State govt filed the SLP challenging the HC's reading down of the Town and Country Planning Act's Section 17(2). When the appeal was called out on Friday before the SC's vacation bench, state informed the court that their counsel was not available, and the SC adjourned the case to July 21. State govt had specifically sought an urgent hearing before SC. The letter from the office of senior counsel Mukul Rohatgi on May 28 to the registrar seeking an urgent hearing said that the state would suffer irreparable harm and irreversible consequences if Section 17(2) is not implemented in accordance with the legislative framework, especially as the impugned decision directly affects the exercise of statutory powers and ongoing planning processes. 'Moreover, it is pertinent to mention that several cases pertaining to Section 17(2) are currently pending before the HC, and the impugned judgment will impact the outcome of those cases,' the letter said. State, in its petition before SC, said that the HC transgressed the power of the legislature by reading down Section 17(2) of the TCP Act, which restricts govt mechanisms to undo past errors in the regional plan efficiently. The petition filed in SC two months after the high court's order states that the constitutional validity of a provision cannot be decided on the basis of factual considerations. It said that the high court failed to appreciate that the challenge to the constitutional validity of the act and rules needed to be decided separately from the factual challenges contained in the PILs. The high court struck down the rules and guidelines of Section 17(2) on March 13 in 'public interest', but stayed the order for six weeks. The bench rejected the plea to declare Section 17(2) as unconstitutional, but made it clear that no applications for approvals under the section shall be considered.
Time of India
5 days ago
- Politics
- Time of India
HC transgressed power of legislature inreading down Sec 17(2): State SLP in SC
Panaji: The high court of Bombay at Goa transgressed the power of the legislature by reading down Section 17(2) of the Town and Country Planning Act, 1974, said state govt in its special leave petition (SLP) before the Supreme Court. State govt, which sought an interim stay on the judgment, also said that the high court's reading down of the provision restricts govt mechanisms to undo past errors in the regional plan efficiently. The petition in the top court, filed around two months after the high court's order, also states that the constitutional validity of a provision can't be decided on the basis of factual considerations. It said that the high court failed to appreciate that the challenge to the constitutional validity of the Act and rules needed to be decided separately from the factual challenges contained in the PILs. In its edition dated March 14, TOI reported that the high court struck down the rules and guidelines of Section 17 (2) in 'public interest', but stayed the operation of its order for six weeks. The bench, however, rejected the plea to declare Section 17(2) as unconstitutional, but made it clear that no applications for approvals under the section shall be considered. In the SLP, state govt said, 'The manner in which a piece of legislation is implemented or applied cannot be a ground to challenge the vires of the legislation. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like People Born 1940-1975 With No Life Insurance Could Be Eligible For This Reassured Get Quote Undo Enactment of legislation is a legislative function; implementation of the legislation is an executive function, which the impugned order fails to recognise'. The SLP further states that 'the high court transgressed into the power of the other pillar of democracy, the legislature'. 'Every state legislative body has the power and authority to define the extent of public participation and the stage at which public comments may be invited. The TCP Act recognises that prior notification of changes and inviting public comments is not mandatory in all cases of change of plan. It is legislatively permissible to provide for post-change notification in a limited category of cases. ' State govt also said in its petition that the high court 'misinterpreted Section 17(2) to the extent that it read down the provision, thereby curtailing the functionality of the provision and actually narrowed down and complicated a valid and effective provision which harmonised and balanced the public interest and ecosystem sensitivity of the state of Goa with private interest'. 'The high court erred in relying on material pertaining to the processing of individual applications while testing the validity of Section 17(2), that too without actually considering the individual cases on their own merits and providing an opportunity of hearing to such parties. The impugned order, thus, is violative of the principles of natural justice,' the SLP said. The state also said that the high court, without any basis and without considering any of the individual cases, observed that almost all conversions under Section 17(2) are from paddy fields, natural cover, no development zone, and orchard to settlement zones, which has the effect of mutilating the regional plan. The PIL in the high court had challenged the constitutional validity of Section 17(2) and told the court that arbitrary conversions are leading to rampant and unbalanced development in Goa in favour of big builders as they uniformly involve permanent destruction of hill slopes, fields and natural cover (forest), are contrary to the interest of citizens, and incompatible with ecological requirements and resources of the state. The high court, in its 152-page order, said, 'We are satisfied that the manner in which the rules are framed and the circular issued is not in furtherance of a development in public interest by maintaining a balance between sustainable development viz-a-viz the environmental issues, but is concerned with the interest of private landowners.' However, in the SLP before the SC, state govt said that it is 'focused on driving sustainable development by integrating green initiatives such as the green lung concept into urban planning and implementation of eco cottages with a view to integrate thoughtfully-designed open spaces that support ecological balance'. It further stated that the high court completedly failed to appreciate that the guidelines which provided guidance as to the terms 'inadvertent error' and 'inconsistent and incoherent zoning proposals' in fact outlined the narrow scope within which Section 17(2) was to operate. '
Time of India
18-05-2025
- Politics
- Time of India
Goa govt challenges high court order on Sec 17(2) of TCP Act in Supreme Court
Panaji: Two months after the high court of Bombay at Goa struck down the rules and guidelines of the controversial Section 17 (2) of the Town and Country Planning Act , 1974, in 'public interest', state govt challenged the high court order in Supreme Court . 'After being entirely unclear of its proposed actions against the 17(2) judgment of the HC, Goa govt filed its SLP against the judgment this week,' Goa Foundation director Claude Alvares said. He said that as per govt's initial statements, the judgment was in its favour and there was no need to appeal. 'Now govt has once again changed its mind.' On May 2, TOI reported that the high court judgment became effective after the expiry of six weeks from the date of the verdict on March 13. After TCP minister Vishwajit Rane announced that state govt would not approach Supreme Court in the matter, all eyes were on govt's next move. The affected land developers were hopeful of some relief from the TCP department within the framework of the TCP Act. However, the greens are firm on fighting another legal battle to protect the environment. After the judgment was delivered on March 13, govt had sought a stay on the operation of the judgment for six weeks, which was accepted by the court. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like 빠진 치아 있다면? 1개도 10개도 개당 33만원에 임플란트 해드려요 플란치과 더 알아보기 Undo 'Almost all the conversions are from paddy fields, natural cover, no-development zone, and orchard to settlement zones,' the HC said, adding that according to the state, 353 approvals under Section 17(2) were granted, affecting 26.5 lakh sqm. 'The 2023 rules confer unfettered and unguided authority on the executive to interpret what is meant by an inadvertent error or what is an inconsistent/incoherent zoning proposal,' the HC stated. 'There is no guidance in the 2023 rules themselves as to what is an 'inadvertent error or incoherent or inconsistent zoning proposal'. The power is open-ended.' Such 'plot-by-plot conversion, creating a zone within a zone virtually has the effect of mutilating the Regional Plan prepared after such an elaborate exercise,' the high court said. Two days after the HC struck down the rules and guidelines, Rane had said that govt would tweak the rules and guidelines in line with the HC directions and make Section 17(2) operational. Rane made a U-turn over his statement to challenge the HC order in Supreme Court and said that he would not do so.
Time of India
08-05-2025
- Politics
- Time of India
Personnel dept issues fresh order appointing head of TCP
Panaji: Two days after unprecedented administrative orders were issued by two different departments headed by chief minister Pramod Sawant and TCP minister Vishwajit Rane over the appointment of the chief town planner , state govt on Thursday issued a new order appointing senior town planner R K Pandita as chief town planner (land use). He was made head of the department in TCP. On Monday, the personnel department issued an order appointing Pandita to the post of chief town planner (planning). However, the very next day, the Rane-led TCP ministry issued an order appointing Vertika Dagur as chief town planner (planning). Govt said that now Dagur shall hold charge of chief town planner (admin) and chief town planner (planning), with immediate effect, in addition to her own duties and until further orders. Operation Sindoor Operation Sindoor: Several airports in India closed - check full list Did Pak shoot down Indian jets? What MEA said India foils Pakistan's attack on Jammu airport: What we know so far The post fell vacant on April 30 when chief town planner Rajesh Naik, who was granted an extension in service, was suspended on the last day of his extension 'with immediate effect' in connection with the alleged underassessment of fees for land conversion under Section 17(2) of the TCP Act, causing a loss of crores to the exchequer.
Time of India
06-05-2025
- Politics
- Time of India
After govt names new chief town planner, Rane names own person
Panaji: In an unprecedented administrative showdown between ministries led by chief minister Pramod Sawant and town & country planning minister Vishwajit Rane , two different orders from the personnel ministry and TCP ministry appointed two different people to the same post of chief town Monday, the personnel department under CM Sawant issued an order appointing senior town planner R K Pandita to the post. However, the very next day, the Rane-led TCP ministry issued an order appointing Vertika Dagur as chief town post had had fallen vacant as on April 30, chief town planner Rajesh Naik, who was granted an extension in service, was suspended on the last day of his extension 'with immediate effect' in connection with the alleged underassessment of fees for land conversion under Section 17(2) of the TCP Act, causing a loss of crores to the are three chief town planners in the TCP department. A senior govt official said that Naik was chief town planner (planning), Ranjit Borkar is chief town planner (land use), and Dagur (administration).A senior govt official said that the personnel department issues orders to appoint heads of departments, civil service, and Goa police officers above the rank of superintendent of personnel department order issued on Monday said, 'R K Pandita, senior town planner, town & country planning department, shall hold the charge of the post of chief town planner (planning), TCP department, with immediate effect in addition to his own duties and until further orders'. Durga Kinlekar, under-secretary, personnel, signed the second order, issued on Tuesday by TCP department deputy director (admin) Nadia Ashraf Ali Shekoli, said, 'As directed, the undersigned hereby conveys the decision of govt to give additional charge of the chief town planner (Planning) to Vertika Dagur, in addition to her own duties, with immediate effect, until further orders'.
