Retd. Justice Rebello Seeks Immediate Stay on Zone Conversions Under Section 39-A

Panaji:
Retired Chief Justice Ferdino Rebello has written to Chief Minister Pramod Sawant demanding an immediate halt to all ongoing and proposed land-use conversions under Section 39-A of the Town and Country Planning (TCP) Act, citing serious legal, environmental, and procedural concerns.

In a detailed letter dated April 7, 2026, Rebello, who is also the convenor of the “Enough is Enough” movement, urged the government to apply a uniform stay on all pending applications until the Goa Legislative Assembly debates and passes a comprehensive law to protect agricultural lands.

Charter and Public Backing

Rebello recalled that a 10-point charter submitted in January 2026—later ratified at public meetings across Mapusa, Margao, Chandor, Canacona, Pernem, and other regions—had already highlighted concerns over unchecked land conversions. A draft legislation titled Goa Protection of Agricultural Lands Act, 2026 was also shared with political leaders for consideration.

Selective Stay Questioned

The letter points out that while the government has stayed zoning changes in specific cases such as Harmal, Siridao, and Sankhali, similar relief has not been extended across all pending applications. Rebello termed this selective approach as arbitrary and lacking transparency.

Key Legal Concerns Raised

Rebello outlined multiple legal and procedural violations:

Procedural lapses: Enquiries into select cases revealed that permissions for conversion were granted without following due procedure, with findings reportedly flagged by the Vigilance Department.

Misuse of Section 39-A: He clarified that Section 39-A allows only change of zone and not development permission, yet approvals are being processed as if both are permissible.

Violation of tenancy laws: Lands protected under the Goa Agricultural Tenancy Act, 1964 are allegedly being converted despite clear restrictions on non-agricultural use.

Communidade land issues: With over 223 Communidades in Goa, Rebello alleged that authorities are not verifying original land titles, raising concerns of misuse and quid pro quo.

Contour and gradient violations: Guidelines bypassing Geological Survey contour plans were flagged as unauthorized and beyond the powers of the TCP Board.

Legislative overlap: He termed the Goa Restriction on Transfer of Agricultural Lands Act, 2023 as redundant and potentially facilitating conversion of paddy fields.

Demand for Immediate Action

Rebello has called on the government to:

Immediately suspend all permissions under Section 39-A

Roll back approvals granted so far

Conduct a detailed enquiry into all permissions issued since the provision came into force

He warned that large-scale zoning changes over the past three years pose a serious threat to Goa’s agricultural lands, hills, forests, and ecological balance.

“The people cannot remain silent spectators to the destruction of Goa’s natural heritage,” the letter states, urging swift and decisive action from the government.

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