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The Bombay High Court at Goa has disposed off the PIL challenging the Mapusa Outline Development plan. This came after the North Goa planning and development agency stated that the Outline Development Plan of Mapusa is being revised.
A division bench of the Bombay High Court, consisting of Justice S.C Gupte and Justice Nutan Sardesai disposed the PIL filed by the Mapusa Tenant Association. An order was produced by the member secretary of the NGPDA from the chief town planner directing it to revise the ODP for Mapusa planning area afresh and to prepare a land use map and land use register. As of the date of order, the notified TPS in the Mapusa ODP has ceased to exist.
A Public Interest Litigation was filed to challenge the demarcation of land assigned for the Town Planning Schemes (TPS) for Mapusa as shown in the notified Outline Development Plan of Mapusa 2021, in so far as it included within it large tracts of agricultural and khazan land to be diverted for non-agricultural purposes, an activity not permitted by law. Such diversion was in violation of the Goa Land Use Act, 1991, as majority of these fields are covered by the provisions of the Tenancy Act, 1964.
The petitioners have argued that if these land use changes are allowed, Mapusa city would lose more than eighty per cent of its agricultural lands (nearly 18 lakh square metres). Further, part of the area under the TPS II which is khazan area was protected and categorised as a No Development Zone under the CRZ Notification 2011 when the ODP was notified. It is also to noted that a Town Planning Scheme (TPS) can only be taken up if the majority of owners agree to the scheme and other conditions are met.
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