The government has notified the rules known as the Goa Town and Country Planning (public projects/schemes/development works by government) Rules 2008 to be used while clearing projects covered under the amendments to Sections 16 and 16A of the Goa, Daman and Div Town and Country Planning Act, 1974. The rules are presently in force.
Sections 16 and 16A of the original Act state that all development should conform to the Regional Plan and the amendments provide for an exemption from these provisions of the Act with regard to public projects or schemes or development works undertaken by the central or state government. The rules have been framed due to the powers conferred by Section 16 read with sub section (2) of Section 140 of the TCP Act.
The rules state that if the government intends to pursue any proposal that is not in conformity with the regional plan then it �Shall be referred to the committee constituted by the government by notification in the official gazette� and after studying the proposal the committee in �Consultation with the department and any other department that may be required� can either clear it as it is or modify it or reject the proposal. Whatever the decision may be, it is then placed before the board for its consideration and the board may either accept the decision of the committee or return the proposal after making some modifications or giving some suggestions to the committee and sending it back for its reconsideration. After that the decision of the board is then submitted to government and the chief town planner shall grant the NOC or refuse the same as per decision of the government.
The rules say that if the proposal involves any change in the regional plan, such changes are to be notified by the department in the official gazette and then �entered in a register for updation of the regional plan to this effect.� The rules also state that the development works shall be carried out after obtaining other proposals as required under the provisions of any other law in force in the state.
In case of acquisitions by the central or state governments proposing acquisition of land for carrying out public projects or schemes or developmental works, the concerned department has to apply to the TCP department for a NOC to verify whether the proposal is in conformity with the regional plan as in force or whether the proposal comes under ambit of the amendments as an �operational construction or for public projects.�
The rules also state that in case the department has any objection on account of non-conformity of the same with the regional plan, the department shall make necessary modifications to the proposed project or shift the same to another location as may be suggested by the department.
It may recalled that Goa Bachao Abhiyan, the body that was in the forefront of the agitation to repeal the regional plan 2011, had asked the government to repeal the said amendments.
The GBA had earlier stated that it stood firmly committed to the Memorandum signed by more than 6,500 people at the first public rally organised by it on December 18, 2006, at the Azad Maidan, Panaji asking for repeal of the RPG 2011, the involvement of the people in the planning process as envisioned in the 73rd and 74th amendment to the
Constitution, the reformulation of a new Regional Plan for Goa, with the first being achieved in early 2007 and the new regional plan almost ready. The GBA had then asked the government to come clear on several questions like policies, process, legal status, integrity, political will, changing goal posts and criticised the �pushing through� the
amendments to Section 16 and 16A of the TCP Act, vide Ordinance dated February 29 and Act dated May 13, which allow it complete and overriding powers effectively nullifying any regional plan.
On August 25, the GBA met to deliberate on these issues and resolved that it cannot be part of any planning process that does not include the people and their aspirations in a clear and substantial manner, cannot support any plan that does not provide for proper
participation and cannot support a plan that can at any moment be subverted by the use of Section 16 and 16A of the TCP Act which legalises all that was rejected in the Regional Plan 2011. Reliable sources say that the stand of the GBA is still the same.