31st August 2020
The Member Secretary
Mala, Panaji Goa
Sub: Clarification needed relating to your notification on map and land use register for Mapusa Planning Area
The NGPDA has issued a public notice in the first week of August 2020, declaring that the map and land use register is available for public inspection and objections, if any. In this connection we have been orally informed that the ODP of 2016 (which itself is under modification) is being treated as the map and land use register and that the ODP2016 and the Land Use Register and Map are one and the same.
In our humble opinion, both the order of the Goa government dated 28.12.2018 directing the PDA to take up the process afresh of revising the ODP and the public notice issued by the PDA are not as per the provisions laid down under the Goa Town and Country Planning Act. In fact, the order dated 28.12.2018 is contradicted by the order dated 26.2.2020 which requires the PDA to enforce the ODP.
The ODP of a planning area continues to remain in operation permanently and therefore the idea of a new ODP processed afresh, based on new maps and land use registers, are not permitted by the statute.
Once there is a direction from the government under section 39, this is only in respect of modifications and addition to the existing development plan which continues to remain in operation. Once such a direction is issued, the PDA is empowered to carry out the steps listed from Section 34 – 38 (both inclusive) of the TCP Act only. There is no provision for it to go back to Section 26 and prepare a fresh land use register and map. Such a procedure is outside the scope and scheme of the TCP Act. If such procedures are resorted to every few years, all illegal changes of land use and all illegal constructions will become legitimized everytime a new land use register and map is prepared.
In view of the above, you may please clarify in writing whether the existing ODP notified on 28.12.2016 is in fact the Map and Land Use Register for which public notice has been issued.
Dr. Claude Alvares