The Bombay High Court issued notices to Goa’s Town and Country Planning (TCP) Department and its scrutiny committee concerning recent amendments to the Goa Land Development and Building Construction Regulations, 2010. These changes empower the state government to approve applications seeking relaxations in building height and Floor Area Ratio (FAR), which previously had strict limits under the original regulations.
The division bench of Justices Bharti Dangre and Ashish S. Chavan took cognizance of a petition filed by the Goa Foundation along with residents from Margao, Panaji, Chimbel, and Pernem. The petition challenges the legality of the relaxations granted to various real estate developers across Goa following the implementation of these amendments.
The petitioners argue that the legality of over 739 such relaxations allowed by the TCP department is questionable. According to their submission, the amendments permit significant increases in FAR and building height on a plot-by-plot basis without adequate public scrutiny. They contend that such discretionary approvals effectively favor certain developers while potentially compromising the interests of the broader public.
One of the core issues highlighted is that the amendments were introduced without conducting detailed studies on environmental, social, and urban planning impacts. The petitioners emphasized that allowing plot-specific intensification indirectly circumvents zoning regulations, effectively amounting to de facto changes in land-use intensity. They described this as a “colorable exercise of power” and a potential violation of Article 14 of the Indian Constitution, which guarantees equality before the law.
Senior counsel Norma Alvares appeared for the Goa Foundation, assisted by advocates Om D’Costa, Malisa Simoes, and Sherwyn Correia. They urged the court to quash the amendments on the grounds that they permit arbitrary relaxations without any public notice or consultation, undermining the principles of transparency and accountability in urban development.
The High Court has directed the TCP Department and its scrutiny committee to file their responses within four weeks, with the next hearing scheduled for November 17, 2025. The petition has drawn attention to a growing debate on urban planning in Goa, a state witnessing rapid real estate development, particularly in coastal and prime urban areas.
Experts note that while relaxation provisions in building regulations are not uncommon, granting them on a case-by-case basis without public notification raises concerns about fairness, environmental sustainability, and urban congestion. Critics argue that indiscriminate FAR and height relaxations could strain local infrastructure, alter cityscapes, and impact community well-being.
As Goa continues to grow as a tourism and real estate hub, the High Court’s scrutiny of the TCP amendments may set a precedent for how discretionary powers in land development are exercised. The outcome of this case will be closely watched by policymakers, developers, environmentalists, and citizen groups alike, as it touches on the delicate balance between urban growth and regulatory oversight.
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