log on to thegoan.net @thegoanonline FRIDAY MARCH 14, 2025 Facebook.com/thegoan The Goan E-Paper (Playstore/IOS) 16 pages PRICE ` 10 PANAJI MARGAO GOA VOLUME X, NO. 265 Instagram.com/thegoanonline Mumbai Indians sets up WPL final with Delhi Capitals Pg 16 RNI: GOAENG/2015/65729 Court reads down Sec 17(2), HC upheld Sec 17(2), will move sets aside rules of operation Supreme Court, says Vishwajit n STAYS ORDER FOR SIX WEEKS n REJECTS PLEA TO INFORMS ROHATGI IS BRIEFED AND NOTE MOVED DECLARE SECTION 17(2) AS ‘UNCONSTITUTIONAL’ THE GOAN I NETWORK THE GOAN I NETWORK PANAJI In a major blow to the Goa Government, the High Court of Bombay in Goa has Read down the Rules and Regulations under the Section 17 (2) of the Town and Country Planning Act, 1974, pertaining to the zone change, while restraining the State from not granting any more permissions. The Division Bench comprising of Justice MS Karnik and Justice Nivedita Mehta on Thursday struck down the Goa Town and Country Planning (Alteration/Modification in the Regional Plan for Rectification of Inconsistent/Inadvertent Zoning Proposals) Rules, 2023 for being “ultra vires” The Court passed the judg- KEY HIGH COURT OBSERVATIONS Section 17(2) is read down to avoid vice of arbitrariness and hostile discrimination by interpreting the expression “inconsistent or incoherent zoning proposals” to mean ‘inconsistency or incoherence of a zoning proposal TCP Rules 2023 are struck down being ultra vires Considering nature of the challenge we stay the operation of this order for a period of six weeks We make it clear that there shall be no consideration of applications for approvals made under Section 17(2) of the TCP Act The whole purpose of planned development is to ensure that the planning is not haphazardly done ment in a public interest litigation filed by the Goa Foundation, the Khazan Society of Goa, Goa Bachao Abhiyan and several other individual petitioners. The Bench, however, has rejected the petitioners claim to declare the Section 17 (2) of the Act as “unconstitutional”. Pointing out that the government has notified RP, the bench said that RP is thus, a holistic document, which keeps in mind the aspirations of the people and overall it is in public interest. “The relief claimed by the petitioners for declaring Section 17(2) of the TCP Act, 1974 as unconstitutional is rejected,” the order stated. “Section 17(2), however is read down to avoid the vice of arbitrariness and hostile discrimination by interpreting the expression “inconsistent or incoherent zoning proposals” to mean ‘inconsistency or incoherence of a zoning proposal with respect to another proposal in the RP, or with respect to the Outline Development Plan; it would in no case imply change of zone of a land parcel having regard to its peculiar facts,” the Court said. “The Goa Town and Country Planning (Alteration/Modification in the Regional Plan >Continued on P10 10-year-old boy collapses in school toilet, dies at GMC page 7 Tesla’s India entry: Local automakers unfazed REVIEW: Hero Xoom 125 enters the segment with power and style THE GOAN I NETWORK former minister Pandurang Madkaikar. The court has fixed the next hearing for March 19. One of the seven complainants, Kashinath Shetye, said that they approached the court since no action had been taken after they filed VASCO A 10-year-old student residing at Nagoa-Verna passed away at the Goa Medical College (GMC) in Bambolim, after he was found unconscious in the school toilet. According to sources, Verna police received a wireless message from the GMC casualty police on March 11, informing them about the student’s demise. Preliminary reports stated that the student was found lying unconscious in the school toilet on March 8. A school staff member found the boy unconscious and immediately rushed him to the South Goa District Hospital in Margao. He was later referred to GMC, where he breathed his last during treatment. Verna police registered a case of unnatural death under Section 194 of the Bharatiya Nyaya Sanhita (BNS). An inquest panchanama >Continued on P10 >Continued on P10 IN SHORT >> Akshaya Patra to supply mid-day meals from April PANAJI: Bengaluru-based Akshaya Patra Foundation is all set to commence supply of mid-day meal to around 2,500 students on a trial basis from the coming academic year that is from April 1. The foundation’s new State-ofthe-art kitchen facility will be inaugurated on March 17. >> See pg 3 Fumes trigger panic in Mapusa MAPUSA: A strong chemical odour spreading across Camarkhazan, Peddem and Shetya-vaddo in Mapusa late on Wednesday evening caused panic among residents. >> See pg 3 PANAJI Town and Country Planning Minister Vishwajit Rane said the government will approach the Supreme Court of India against Thursday’s order of the Bombay High Court on Section 17(2) of the Town & Country Planning Act. “The court has upheld Section 17(2). It has not been struck down. Whatever has been said by the honourable judges about the rules we will take it to the Supreme Court. We have already briefed Mukul Rohatgi. A note has already been moved,” Rane said. Rane said, whatever the government is doing is for the “balanced development” of Goa. “We must protect investor sentiment. There are people who think that there should be no development at all in SWEET LUXURY: Mankurad mangoes made their entry at the Panaji market on Thursday. The GI-tagged variety is commanding a premium price of Rs 500 per piece.(Report on pg 3) Narayan Pissurlenkar Notices issued to ACB sleuths on Madkaikar bribery charges THE GOAN I NETWORK PANAJI The North Goa District and Sessions Court on Thursday issued notices to the Superintendent of Police and the Police Inspector (Anti Corruption Bureau) returnable on March 19 when it was approached by the seven citi- MADKAIKAR’S CHARGES ‘FALSE AND BASELESS’, SAYS BJP NATIONAL GENERAL SECRETARY >> See pg 2 zen-activists who filed a joint complaint before in the matter of bribery allegations made by Town and Country Planning Minister Vishwajit Rane addresses the media on Thursday. Goa. There are several errors in the Regional Plan. 17(2) was brought in to enable correction of these errors,” Rane said, adding that the court itself has stayed the order for six weeks giving a window to approach the Supreme Court. Full-fledged mining Ops in 6 months: Union Min LAUNCHES COUNTRY’S FIRST EXPLORATION LICENCE AUCTION FOR CRITICAL MINERALS THE GOAN I NETWORK PANAJI With almost nine e-auctioned mineral blocks ready with all the requisite permissions, Union Mines Minister G Kishan Reddy on Thursday said that the full-fledged iron ore mining activities in the State will commence in next six months. Reddy, however, maintained that the mining operations will be conducted adhering to the norms laid down by the Supreme Court and ensuring sustainable practices. Reddy was in Goa to launch the nation’s first-ever auction of Exploration Licence, a roadshow on the 5th tranche of critical mineral blocks and AI Hackathon 2025, a mineral exploration hackathon focused on ‘Mineral Targeting using AI’. Reddy along with Chief Minister Pramod Sawant held a meeting to review the works HC orders geo-mapping to curb illegal constructions THE GOAN I NETWORK PANAJI tating that rampant illegal constructions have resulted in “wholesale change of the landscape in the State of Goa”, the High Court of Bombay at Goa has directed the government to undertake geo-mapping of the entire State through satellite imagery within a period of one year. The Court has also come down heavily on the law enforcement authorities for failing to act against the illegal constructions, which the Division Bench noted that “in the recent past, we have noticed that large numbers of cases are filed in this Court itself against inaction by the statutory authorities against such illegal constructions”. Hearing a suo motu PIL on S VANISHING LANDSCAPE: WHAT HC SAID People raise illegal constructions and claim it has been existing for long Solution to this is to get geo-mapping done Municipal areas, panchayats shall get geo-mapping done Once the whole State is geo-mapped, it would be easy to control illegal constructions Open spaces are illegal constructions and encroachments, the High Court has issued series of directions to the State authorities to act against illegal constructions along the road sides, highways, government land, paddy encroached upon… paddy fields are being converted without any permission Road-widening areas are encroached... illegal constructions are also put in no development zones Goa has blessed us with delightful nature… the fragile ecosystem ought to be protected There cannot be dispute that no illegal construction can be permitted in violation of statutory permissions Provisions which are relied upon cannot be ignored nor can they be breached fields, comunidade land, and tenanted land among others. “All over the State we find that when people raise illegal constructions it is claimed that the said construction has been existing for long. The solution to this is to get geo-mapping done. The relevant technology is Geographic Information System (GIS). At first the municipal areas shall get geo-mapping done, not only of the municipal areas but also of areas 10 km from the outer boundary. This can be done by satellite, drones or vehicles,” the division bench said. “Once the municipal areas area geo-mapped, the Panchayat areas shall be geo-mapped. Once the whole State is geo-mapped, it would be easy to control illegal constructions,” it added directing the government to ensure that sufficient funds are made available to the concerned, for geo-mapping. The Court observed that the large scale illegal constructions are noticed throughout the territory of Goa in breach of the statutory provisions and without obtaining any permission whatsoever. “Open spaces are encroached upon. Paddy fields are being converted without any permission and in breach “I respect the judiciary and following the suggestions given by the judges regarding operationalisation and interpretation is not a problem. That is why 39 A has been brought for taking objections and suggestions from people for zone changes,” Rane said. He said the government will make the necessary changes as suggested by the Court after we get a better interpretation from the Supreme Court. Meanwhile, Rane who is also the Health Minister, conducted a surprise inspection of the Paediatric Neuro Rehabilitation Centre (PNRC) at Goa Medical College and Hospital (GMCH), Bambolim. He said, he has noticed that visiting the GMCH and walking through the whole hospital is not very effective and he has therefore decided to conduct surprise inspections one department at a time. Rane said, he also visited the Neonatal Intensive Care Unit (NICU) in the Paediatric Department and interacted with doctors to understand the challenges faced by them. The PNRC will be upgraded to enhance neuro-rehabilitation services for neonatal infants, he added. of the statutory provisions. Road-widening areas are encroached upon without any authority of law. Illegal constructions are also put in no development zones. This has resulted in wholesale change of the landscape in the State of Goa by such wide and rampant illegal constructions without any authority of law,” the court noted. “We are satisfied that time has come to curtail, stop and remove such unauthorised constructions, in terms and in accordance with the statutory provisions. We therefore deem it fit to issue directions to the various authorities to act in a time bound manner and take action in terms of the various statutes,” the Court said. In its series of directions, >Continued on P10 GOOD NEWS FOR MINING Reddy says mining operations will be conducted adhering to SC norms and ensuring sustainable practices Auction plan for potential mining blocks in State, auction plan for revival of non-operational mines etc discussed Reddy said govt taking into consideration all aspects like environment, revenue generation for the State and people dependent and employment opportunities to locals of the State Mines department. The meeting held detail discussion on auction plan for the potential mining blocks available in the State, and the auction plan for Revival of Non-Operational Mines, Expired Leases, Lapsed leases under Section 10A (2) of the MMDR Act, in the State. The meeting also took stock of the status of Operationalization of Auctioned Mining Blocks, Status of Ongoing Exploration projects, Exploration projects by agencies like GSI/MECL/State Exploration Agencies/NPEAs etc. Speaking to media persons post meeting, Reddy said that Goa government is gearing up to resume mining operations in the State following the norms and directions laid >Continued on P10
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