The Supreme Court of India today rejected any idea of staying the two judgments of the Bombay High Court at Goa dealing with 17(2) zone changes and the two ODPs of Calangute-Candolim and Arpora, Nagoa and Parra.
A Supreme Court bench comprising HON’BLE MR. JUSTICE VIKRAM NATH & HON’BLE MR. JUSTICE SANDEEP MEHTA , however, issued notice on the Special Leave Petitions filed by the State Govt. and the T.C.P Department, but proceeded to order “status quo” to be maintained.
This in effect means that all construction activities connected with the subject matters of the two judgments — and now subject matter of the appeals filed by the State — would have to remain at a standstill till the apex court disposes of the appeals.
The judgment in the 17(2) matter was passed by Justice M.S. Karnik and Justice Ms Nivedita Mehta on 13.3.2025. It had read down S. 17(2) of the TCP Act, and quashed and set aside the Rules framed to give effect to the provision. Conversions under 17(2) of the TCP Act had touched 26.5 lakh sq mts.
The judgment in the ODP matter was passed by Justice Ms Bharati Dangre and Justice Nivedita Mehta on 23.6.2025. The Court therein held that the ODPs for the 5 villages of Calangute, Candolim, Arpora, Nagoa and Parra were not applicable to these areas, as the Court found the Executive Order dt. 22.08.2024 issued by the State Govt. to be contrary to the TCP Act and improper. The judgment in effect affected some 16 lakh sq mts.
Former Odisha High Court Chief Justice, Sr. Adv. Dr S. Murlidhar, and Sr Adv. Shoeb Alam appeared for the Goa Foundation in the two 17(2) appeals filed by the Goa Government and the Goa Town Planning department.
The Court has fixed the matter next for August 26, 2025. However, there are more than 60 Respondents in the three SLPs filed by the State and T.C.P. Department, since the High Court judgments were passed in a batch of writ petitions and PILs, including the PIL s filed by the Goa Foundation.
Claude Alvares/Goa Foundation