‘Politician-real estate nexus’: Why an amended land law has become a flashpoint between BJP and Opposition in Goa

The Goa government replaced the contentious Section 16B of the Town and Country Planning Act, 1974 with Section 39A for ease of land conversions in January.

Goa’s newly amended law on land use, which allows converting “green zones” into “settlements”, is likely to put the BJP-led state government in a tight spot. It has evoked strong reactions from stakeholders and Opposition parties who allege that it will impact the state's fragile ecosystem.

What does the new amendment say?

Section 17(2), introduced in the Town and Country Planning Act (TCP), facilitates the process of “correction” of “green zones”, and allows the Chief Town Planner (CTP) to make changes to the Regional Plan 2021 without any public consultation. This move has reportedly been framed by the Goa government to address housing shortages and boost economic growth.

The Goa government replaced the contentious Section 16B of the Town and Country Planning Act, 1974 with Section 39A for ease of land conversions in January.  Section 16B, which was introduced in August 2018, faced flak due to allegations of corruption for converting land-use zones.

The section’s validity was also challenged before the Bombay High Court. According to reports, Section 39A allows the Chief Town Planner (CTP) to modify or alter the Regional Plan or the Outline Development Plan for carrying out change of zone of any land, except in a few cases.

 What is the controversy about?

A report by The Indian Express stated that two Goa ministers and some local BJP and Congress leaders will gain from the new amended law. The IE report stated that a company with TCP minister Vishwajit Rane and his spouse as directors are alleged beneficiaries while Environment Minister Aleixo Sequeira is also one. Rane is also in charge of the Forest Ministry, and Sequeira oversees the Law portfolio.

Union Minister Shripad Naik also reportedly sent an application on July 25, 2023, for rezoning of 14,225 sq m of orchard and natural cover to settlement in Panelim village in Tiswadi taluka. Congress’s Avertano Furtado and BJP MLA from Pernem, Pravin Arlekar have also been named as beneficiaries in the IE report.

After this report was published, both the Congress and the Aam Aadmi Party attacked the Goa government for allowing a “politician-real estate nexus” to proliferate. Amit Patkar, president, Goa Pradesh Congress Committee, termed the Town and Country Planning (TCP) portfolio a “land and real estate mafia promotion ministry”.

The Congress also distanced itself from former Navelim MLA Avertano Furtado, who is among the alleged beneficiaries.

What does the Goa BJP unit say?

Giriraj Pai Vernekar, the BJP state spokesperson, told IE that the state government has taken several steps to safeguard Goan land, especially its paddy fields, under the leadership of Chief Minister Pramod Sawant.

“Various bills have been passed to protect agricultural lands, including raising the cost of zone conversion for larger plots and restricting the sale of paddy fields only to farmers. The revenue code has been amended to prevent the conversion of agricultural zones,” he said. Vernekar also said the Goa government remains firm in its stance against any illegalities.

What are the experts saying?

According to experts, under the garb of “development”, unprecedented expanse of land has been cleared for construction. Claude Alvares, director, The Goa Foundation, an environmental non-profit working since 1986,  said this has led to unbalanced development by destruction of hill slopes, fields and natural cover to favour real estate lobbies.

“Through changes to the land use map, the protection accorded in the regional plan to eco-sensitive zones (orchards, forests, no-development slopes, natural cover) is being undone,” Alvares told IE.