Panaji, July 17: The citizens’ movement Enough is Enough (EiE) on Friday submitted a memorandum to the Chief Town Planner demanding that the Town and Country Planning (TCP) Department recommend the immediate repeal of Section 39A of the Goa, Daman and Diu Town and Country Planning Act, 1974, and suspend all fresh notifications under the provision until the Bombay High Court at Goa delivers its final verdict on its constitutional validity.

In the memorandum, EiE alleged that Section 39A has become the primary mechanism for systematically dismantling the Regional Plan for Goa 2021 (RP-2021) through individual plot-by-plot land-use conversions. The movement argued that RP-2021 was prepared through a comprehensive statutory and participatory planning process involving professionals, local bodies and the public, and therefore cannot legally be altered through piecemeal approvals.

Citing publicly available records, EiE claimed that the Town and Country Planning Board has already recommended 811 applications under Section 39A, involving more than 51 lakh square metres of land proposed for conversion from Eco-Sensitive Zones to Settlement Zones. Of these, 279 recommendations have reportedly been finalised, resulting in approximately 29.27 lakh square metres of land already being converted.

The memorandum further stated that 258 final notifications were issued despite detailed objections submitted by citizens and local groups. It also alleged that several approvals involve No Development Slopes and paddy fields, raising serious concerns over the long-term environmental impact of such decisions.

EiE maintained that these approvals are not isolated instances but represent a systematic alteration of Goa’s statutory Regional Plan without following the legal procedures required to amend the Plan itself.

The movement also pointed out that the constitutional validity of Section 39A is currently under challenge before the Bombay High Court at Goa, which has already directed that all final notifications issued under the provision shall remain subject to the outcome of the pending proceedings. EiE questioned the wisdom of continuing to issue fresh notifications while the matter remains sub judice, warning that beneficiaries could invest in development only to face uncertainty if the provision is ultimately struck down.

The memorandum also objected to the TCP Department’s proposal to notify nearly 2 crore square metres of land as “Non-Developable Area”, arguing that such a classification finds no place either in the Town and Country Planning Act or in RP-2021. EiE further criticised the proposed notifications for failing to disclose essential information such as the identity of applicants, the extent of individual plots and their existing land-use classifications.

Calling for greater transparency, EiE urged the Department to strengthen and enforce the existing Eco-Sensitive Zone protections under RP-2021 instead of introducing new planning categories.

Among its key demands, the movement sought a technical recommendation from the Chief Town Planner supporting the repeal of Section 39A through legislation or an ordinance, an immediate halt to all fresh notifications pending the High Court’s decision, clear communication to beneficiaries that existing approvals remain subject to the Court’s final ruling, restoration of the legal status quo if Section 39A is declared invalid, and publication of a comprehensive public register of all applications received, pending, recommended and approved under the provision since its introduction.

EiE has sought a written response from the Department within 15 days and stated that it reserves the right to pursue all available legal and constitutional remedies, including bringing any continued issuance of notifications under Section 39A to the notice of the High Court.

Reaffirming its commitment to protecting Goa’s ecological and planning framework, the movement declared that its campaign would continue until Section 39A is removed from the statute book and the integrity of the Regional Plan is fully restored.