A division bench of the apex court comprising Mrs Justice B.V. Nagarathna and Mr Justice Satish Chandra Sharma today summarily dismissed a fresh SLP filed by the Goa government against the most recent order dated 23.01.2025 of the Bombay High Court directing restraint on any construction in the ODP areas of Calangute, Candolim, Arpora, Nagoa and Parra.
Justice Sharma in fact told counsel appearing for Goa state: “Please don’t turn Goa into a concrete jungle.”
The High Court’s order had been passed, after a detailed hearing by a bench comprising Justice M.S. Karnik and Ms Justice Nivedita P Mehta. The state government moved the apex court with its SLP on 30.01.2025.
The original PIL filed by the Goa Foundation against the illegalities found in the two ODPs (Calangute-Candolim 2018 and Arpora, Nagoa, Parra 2020) has been moving between the High Court and the Supreme Court now for over a year, with the state government attempting to defend the ODPs and allow for their execution. This movement will now cease with the High Court listing the PIL for final hearing and disposal on February 21, 2025.
The state government itself suspended the two ODPs on emergency grounds in April 2022. It thereafter appointed a Review Committee which established large-scale rezoning of plots to benefit private parties in wholesale bypass of procedures laid down for preparation of the 2 ODP (covering 5 villages)s. However, after accepting the Review Committee’s report, the state government renotified the two ODPs in December 2022, maintaining many of the questionable zone changes. What is worse, the petition alleged, zoning of several new sy.nos was changed when the 2 ODPs were renotified.
The state government thereafter withdrew all 5 villages as planning areas, leading to a collapse of the ODPs. On 22.12.2022, the government issued a circular to keep the ODPs alive. The circular was stayed by the High Court. To overcome the stay, the Goa government issued an ordinance to maintain the tainted ODPs. The Goa Foundation again moved the High Court against the ordinance. The High Court, vide its order dated 2.5.2024, stayed the operation of the ODPs.
The state government moved the Supreme Court in May 2024. In two orders, the apex court stayed the High Court’s order. However, it directed that all construction as per the ODPs would be subject to final outcome of the writ petition filed before the High Court. It also directed that no change would be allowed in any of the 5 ODP villages till the petition was heard and disposed of.
In December 2024, the Goa Foundation found that the TCP department was issuing permissions for construction in the 5 ODP villages. It moved the High Court with an application for restraint. The High Court was pleased to allow the application by an order on 23.01.2025, and directed that the apex court’s order was clear and there would be no change in the ground in the 5 villages.
The state government once again rushed with an SLP against the 23.01.2025 order to the Apex Court, which summarily dismissed the SLP today (6.2.2025), after a brief hearing.
Claude Alvares
The Goa Foundation