Former High Court Chief Justice Calls for Urgent Review of Land Conversion Permissions in Goa
In a significant development, former Allahabad High Court Chief Justice Justice (retd) Ferdino Rebello has strongly criticized the permissions granted for changes in land zoning, labeling them as illegal. He has issued a direct appeal to the Chief Town Planner (Planning) and the Town and Country Planning Board, urging them to re-examine all pending applications under Section 39-A of the Town and Country Planning (TCP) Act. Justice Rebello emphasized that this review should continue until the provision is formally repealed, highlighting systemic flaws in the current process.
Jurisdictional Overreach and Illegal Approvals
Justice Rebello asserted that the TCP office and board lack the necessary power or jurisdiction to grant permissions for the conversion of agricultural land. He demanded an immediate halt to any further approvals under Section 39-A and called for the revocation of all illegal permissions that have already been issued. This stance underscores a critical legal oversight, as such conversions may violate established land-use regulations.
Since the insertion of Section 39-A, a total of 423 applications have been filed, seeking to convert 31,54,258 square meters of land. Of these, final notifications have been issued for 163 applications, covering over 12.7 lakh square meters. This data reveals the scale of potential land-use changes that could have far-reaching environmental and social impacts.
Legal Conflicts and Tenant Exploitation
Despite the provisions of Section 39-A, Justice Rebello pointed out that paddy fields cannot be legally converted due to conflicts with Section 2 of the Goa Land Use (Regulation) Act, 1991, and Section 31-A of the Code of Comunidades. He alleged that over the past 40 to 50 years, some tenants, in collusion with landlords and builders, have sought false declarations claiming they were not tenants, thereby facilitating illegal land conversions.
Justice Rebello further clarified that if comunidades—traditional village communities in Goa—grant land through sale, lease, emphyteusis, or leave and licence for agricultural purposes, it cannot be converted for non-agricultural use. In cases of misuse, the land must revert to the comunidade, ensuring protection of agricultural heritage and community rights.
This call to action highlights the urgent need for stricter enforcement of land-use laws to prevent unauthorized developments and preserve Goa's agricultural landscape.
