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News Articles

Discontent over panel chosen to review TCP Act

Times Of India- Goa
July 16, 2010

After several amendments during the past three decades, the
Goa government has constituted an eight-member committee to review the
Goa, Daman and Diu Town & Country Planning Act, 1974. However, not
everyone is happy with the composition of the panel.

The committee is headed by commissioner and secretary (TCP) Rajiv
Yaduvanshi as its chairman, while senior town planner James Mathew is
the convenor. The other members comprise advocates Mahesh Sonak, Nitin
Sardesai, Cleofato Coutinho, former Panaji councillor Patricia Pinto,
Shridhar Kamat and the under secretary (drafting) of the law
department.

"Framing a new act is difficult and there is no time frame," TCP chief
town planner Morad Ahmed said.

While amendments have always been carried out, there is a need to
consider a review to suit the present day scenario, he added. "Many
things have come up now and there is a need for changes, while some
provisions cannot be easily implemented," Ahmed said. The availability
of satellite imagery is also a factor necessitating the framing of new
rules.

"The members at serial no 6 and 7 (Pinto and Kamat) represent civil
society as nominated by the government. The terms and reference of the
committee will be to review the Goa, Daman and Diu Town & Country
Planning Act, 1974, and make it in the fitness of the present
situation vis-a-vis other rules, laws, acts, etc. The committee shall
also suggest deletion of irrelevant parts which are not in the fitness
of the present day situation," an order issued by the government
states.

Goa Bachao Abhiyan (GBA), while holding a series of agitations over
the act and drafting of the Regional Plan 2021, had demanded that the
act should be in consonance with Article 243 ZD as amended by the 73rd
and 74th amendments to devolve powers to municipal bodies and
panchayats and district planning committees for the purpose of
participatory planning.

"The GBA had recently written to the chief minister asking that the
TCP Act be amended to incorporate provisions of the 73rd and 74th
amendments, which would ensure a bottom-up participatory planning,"
GBA convenor Sabina Martins said.

But while the government has amended the TCP Act (Sections 16 and 16A)
to allow projects through the back door, it has not incorporated the
73rd and 74th amendments sought by the people in Goa in formulating
the RP 2021. Martins declined to comment on the composition of the
review committee, but expressed the hope that it will stand firm in
ensuring what the government failed to do in terms of participatory
planning and revoking Sections 16 and 16A of the TCP Act

Another GBA member said the DPCs were constituted earlier this year,
but have to be recast following ZP elections
, but expressed
dissatisfaction with the representation in the panel. Agreed another
architect, "Taking lawyers on board is a good sign, unless they defend
builders or have stakes in the building sector. The panel could still
be strengthened by including an architect, social engineer and
environmentalist. The committee needs people who would stand for the
environment and social engineering."

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