Whether it is Section 16B, 17 (2) or 39A of the Goa Town and Country Planning Act, all are siblings. The content and the intent are the same. In violation of the existing law, these sections were inserted by Goa’s lawmakers. The court, however, either held it up or is in the process of repeating history.
The buyers of the land converted to settlement are many, mainly from outside Goa. But the landowners who sell it are locals, including the politicians. They belong to different political parties, ruling and opposition alike.
What do they do? In the name of ‘public interest’, serve the ‘private interest’ of the land mafia, change the land use preserved through the Regional Plan and the Outline Development Plan, convert the land to settlement, make deals of crores and build ‘residential holiday homes’ for outsiders, who then hire it out ‘commercially’ to unregistered tourists.
TWELVE POLITICIANS WHO EMBRACED 16B
Section 16B was a brainchild of Goa Forward Party leader Vijai Sardesai. In August 2018, as the Town and Country Planning minister in the BJP-led coalition government led by Manohar Parrikar, he proposed changing the zones shown in the RPG and OPDs to settlement, even though this cannot be done for 10 years or until the new RPG comes into force. While he claimed that 16B is meant in ‘public interest’ for the correction of errors in the RPG and ODP on a ‘case to case basis’, the opposition alleged that in reality, it’s ‘suitcase to suitcase basis’.
Over 9,000 applications were received under Section 16B, involving approximately two crore square metres of land across Goa. Among the applicants were twelve active politicians from various political parties, both in the ruling and opposition camps. Their collective action to convert green land into settlement areas was striking.
Click for better readability: Politicians 16B
The list included not only party candidates who contested elections but also the elected MLAs, ministers, and even those who held the position of chief minister. The land they wanted to convert included orchards, natural cover, paddy fields, Khazan, cultivated land under irrigation command areas, land within the High Tide Line, and even salt pans.
In response to the public interest litigations, the Bombay High Court at Goa stayed all applications and approvals granted under Section 16B. Meantime, fresh elections were held, and the BJP came back to power once again. In February 2024, the new TCP minister, Vishwajit Rane, introduced a fresh bill that deleted Section 16B and introduced Section 39A; the content was similar.
NINE POLITICIANS HAD A ‘CRUSH’ ON 17 (2)
However, much before Section 16B was deleted and Section 39A was added to the TCP Act, Minister Vishwajit Rane, in the Dr Pramod Sawant-led BJP government, inserted Section 17(2), since the high court had already stalled the process of receiving applications under Section 16B. It was passed in the Assembly in March 2023.
A total of 1,366 applications were received under Section 17(2), involving the conversion of over 88 lakh square metres of land. Nine of these applications were submitted directly by prominent politicians or their close relatives, including elected MPs, Lok Sabha candidates, MLAs, ministers, and former MLAs.
Click for better readability: Politicians 17(2)
It not only involved paddy fields, Khazan, orchard, natural cover and cultivable land, but also No Development Slopes, meaning hill cutting. The land they wanted to convert was over 2.57 lakh square metres.
However, even this provision was challenged, and the Bombay High Court at Goa struck down the rules under Section 17(2), terming them blatantly unconstitutional. The Goa government has now challenged it in the Supreme Court. The order is awaited.
SEVEN MORE POLITICIANS WHO LOVED 39A
Probably sensing an obstacle in getting land conversion cleared under Section 17 (2), TCP Minister Vishwajit Rane made a move to insert Section 39A in the TCP Act, and the Assembly passed it almost unanimously.
This consensus is evident in the applications received under Section 39A from politicians spanning party lines, including those from both the ruling and opposition benches. Notably, even independent candidates have applied for land conversion under this provision.
Interestingly, two opposition parties, Congress and the Goa Forward Party, are currently demanding the repeal of Section 39A in response to public uproar. The applicants under 39A also belong to both of these opposition parties.
The total area sought to be converted under Section 39A is over 68.62 lakh square metres. Over 1.78 lakh square metres of it belongs to Goa’s politicians.
