Explained: How Goa’s Section 39A Seeks To Reform An Outdated Urban Planning System | File Image
Panaji, March 10: The ongoing budget session in Goa began on March 6 and among many issues that are up for discussion, Section 39A is among the top of the list as the provision aim to overhaul a urban planning system which is literally frozen in time. Why Section 39A Was IntroducedIntroduced in February 2024 as an amendment to the Goa Town and Country Planning (TCP) Act, Section 39A has been framed by the government not as a tool for unchecked development, but as a necessary corrective measure.For decades, Goa has been governed by land-use maps that officials argue are relics of a bygone era. Regional Plans are typically drafted once every twenty years, creating a rigid framework that often fails to account for the rapid pace of urbanisation and changing economic needs.
The government contends that adhering strictly to zoning lines drawn decades ago is a recipe for administrative paralysis, trapping landowners in a web of outdated classifications that bear little resemblance to the reality on the ground.
Addressing Errors In Old Land-Use PlansThe core of the government’s argument rests on the anomalies created by this temporal lag. Large-scale land-use plans cover thousands of square kilometres and even minor inaccuracies can have profound consequences. There are instances where a plot of land may have been incorrectly marked as an orchard or natural cover during earlier surveys, despite being surrounded by settlement zones or already developed. Section 39A was designed to cut through this Gordian knot.By empowering the Chief Town Planner, with the approval of the government and the Town and Country Planning Board, to modify zoning for specific parcels, the law provides a surgical instrument where previously there was only a sledgehammer.Legal Backing And Court ObservationsCrucially, this is not a blank check for arbitrary change. The provision is firmly rooted in legal and constitutional validity. In fact, the High Court has acknowledged that Section 39A operates with built-in safeguards to ensure fairness.In an order dated March 13, 2025, the Court noted that the provision follows a fair process, reinforcing the state’s position that the law is a responsible tool for governance. Furthermore, the High Court has not stayed the operation of Section 39A, even while petitions remain pending, suggesting that the judiciary does not view the provision as causing immediate irreparable harm.Transparency And Public ParticipationThe transparency of the process is a cornerstone of the government’s defense. Changes under Section 39A cannot be done secretly or by executive fiat alone. The law mandates a rigorous multi-step journey: any proposed change requires the approval of the TCP Board, followed by a public notice period that invites objections and suggestions from citizens. Town and Country Planning Minister Vishwajit Rane, says this is a testament to the department’s adherence to the rule of law. He has repeatedly asserted that the changes made under Section 39A are framed strictly as corrections to rectify inconsistencies in existing plans, rather than arbitrary reclassification.In fact the law itself restricts drastic alterations; Section 39A cannot be used to change the overall character of the Regional Plan, ensuring that the broader ecological and developmental vision of the state remains intact. This procedure therefore ensures that the process is democratic and participatory, rather than a backdoor deal.Applications And Filtering MechanismThe process, as outlined by the government, is far from a free-for-all. It involves a multi-stage review where applications are subjected to technical scrutiny before even reaching the public notice stage. This rigour is reflected in the numbers presented in the state assembly: while the provision received 950 applications, only around 200 were taken up for examination, and a mere 35 were finally notified for land-use correction. This, the government suggests, is evidence of a robust filtering mechanism at work, ensuring that only genuine corrections are entertained. The total area affected—a little over 2.7 lakh square metres—is a fraction of the state’s total land mass, challenging the narrative that the provision is being misused for large-scale land conversion.Precedent From Other StatesThe provision also finds strength in precedent. A similar law in Maharashtra has already been upheld by the Supreme Court, offering a powerful validation of the legislative logic behind such corrections. By aligning Goa’s planning laws with successful models elsewhere in the country, the state argues it is bringing much-needed certainty to the real estate sector. Without such a mechanism, officials argue, landowners are left with little choice but to resort to unauthorised construction or navigate a murky world of regulatory workarounds. Balancing Planning Needs And DevelopmentUltimately, Section 39A is a stance that prioritizes pragmatism: adapting to the present to avoid the pitfalls of being forever bound by the errors of the past. By allowing for targeted adjustments through a transparent and legally sound process, Goa argues it is preventing the very planning chaos that critics fear, ensuring that the state’s development keeps pace with its dynamism.