SPECIAL REPORT

Panaji – Goa is facing one of its gravest land governance crises, as sweeping conversions of agricultural and communidade lands gather pace under the controversial Section 39-A of the Town and Country Planning Act. In a hard-hitting letter dated 6 February 2026, former Chief Justice and Senior Advocate Dr. Justice Ferdino Rebello (Retd.) has urged the Chief Town Planner and the Town & Country Planning Board to immediately suspend all permissions granted under this provision, reopen past files, revoke illegal approvals, and scrap the section altogether. His intervention is being hailed as one of the most forceful legal warnings in recent memory against Goa’s planning framework.

Section 39-A: A Controversial Provision

Inserted through Amendment Act No. 3 of 2024, Section 39-A empowers the Chief Town Planner, with Board approval, to alter or modify the Regional Plan, change zoning of land, and permit zone changes either on government direction or private applications. While the law mandates a 30-day public notice period, critics argue it undermines the sanctity of the Regional Plan itself. Justice Rebello has condemned the section as “manifestly arbitrary… a colorable exercise of legislation to cover illegalities.”
Conversions on a Massive Scale
The figures highlighted in Rebello’s letter are staggering. Since the insertion of Section 39-A:
• 423 applications have been filed for land conversion.
• 31,54,258 sq. meters of land is sought for conversion.
• 163 applications have already been approved, converting 12,70,113.75 sq. meters of land.
Far from being a limited measure, the provision has unleashed an aggressive wave of zoning changes across the state.
Goa’s Protective Laws Undermined
Rebello reminds authorities that Goa has long had legislation designed to safeguard agricultural land. The Goa Agricultural Tenancy Act, 1964 protected tenants and restricted diversion of farmland. The Goa Land Use (Regulation) Act, 1991 explicitly prohibited non-agricultural use of tenanted land. Section 39-A, he argues, directly contradicts these protections.
Communidade Lands: A Heritage Under Siege
Perhaps most alarming is the impact on communidade lands, the backbone of Goa’s traditional landholding system. Governed by the Portuguese Civil Code, Goa’s 223 communidades operate under strict legal provisions. Many lands were granted under Afframento/Emphyteusis, a perpetual lease system. Article 2189 of the Code clearly states such lands cannot be sold, and any sale is illegal. Rebello warns that zoning changes cannot override these protections, and attempts to convert communidade lands for settlement or commercial use are unlawful.
Fraud and Collusion in Tenancy Records
The letter also exposes a dangerous nexus between tenants, landlords, and builders. Despite decades of recorded tenancy, false declarations are being engineered to claim that tenancy does not exist. Rebello cautions that this manipulation of Form I and XIV entries amounts to fraud and collusion, eroding the very foundation of land protections.
A Public Movement for Accountability
Justice Rebello emphasizes that he speaks for the people of Goa, who have adopted a 10-point charter demanding repeal of Section 39-A. The demands include halting all permissions, reopening past files, revoking illegal approvals, and restoring lawful planning mechanisms. This is not merely a legal objection—it is a public movement to defend Goa’s agricultural heritage, environment, and rule of law.
The Crossroads Ahead
Goa now faces a defining choice: will land planning serve the people and ecology of the state, or become a tool for private profiteering? Justice Rebello’s letter is a historic warning that Section 39-A risks dismantling decades of protective legislation through executive shortcuts. If unchecked, it could irreversibly alter Goa’s agricultural landscape, communidade heritage, and environmental future.
The government must act with transparency, accountability, and respect for the laws that were designed to safeguard Goa’s land.