Why Goans are protesting against a ‘contentious’ land conversion law

Hundreds of protesters camped outside the Goa Town and Country Planning (TCP) Minister Vishwajit Rane’s house last week, demanding that the ruling BJP government repeal a “contentious” provision of a land-use change law in the coastal state.

Revolutionary Goans Party leader and St Andre MLA Viresh Borkar sat on a hunger strike for six days, demanding that Section 39A of the Town and Country Planning Act, 2024, be scrapped. After the TCP department “suspended” change of zone cases notified under the provision in his constituency, Borkar called off the fast on Thursday night (February 26), but vowed to “continue the fight till the Section 39A is repealed”.

So, what is the “contentious” Section 39A that triggered the protests? We explain.

Section 39A: Change in land use

The Goa government enacted the Goa Town and Country Planning (Amendment) Act, 2024, in February 2024, by amending Section 39 of the Act and introducing Section 39A. Section 39A facilitates changing of zones of land parcels by empowering the chief town planner (planning) to alter or modify the Regional Plan and/or the Outline Development Plans from time to time upon the direction of the government or on receipt of individual applications in this regard and with the approval of the TCP Board, following a 30-day notice inviting “suggestions” from the public.

It allows the conversion of land, including green zones classified as paddy fields, orchards and no-development zones, to “settlement”, either on government directions or based on requests from private parties. Once land is classified as a “settlement”, its value rises manifold since residential and commercial construction activity can be carried out in these plots.

Why are people demanding that the provision be scrapped?

Activists and environmentalists argue that the provision is contrary to the principle of planned development, as it rests arbitrary powers with the TCP department to effect colourable changes in the Regional Plan, based on requests from private parties. Critics say that such “ad-hoc and piecemeal changes” through Section 39A, at the behest of real estate lobbies and individual interest, will destroy Goa’s ecology and undo protections accorded in the Regional Plan to eco-sensitive zones (such as orchards, forests, no-development slopes, natural cover).

Architect and urban planner Tahir Noronha said, “Section 39A allows any person to claim for a change of zone of their land. There are no safeguards written into the law and the rules that accompany this law. This provision gives untrammelled powers to the TCP board, which is using it to reclassify all these lands (paddy fields, steep slopes, and natural cover) to ‘settlement’, so they can be built upon and sold. This is being done through the sharp move of writing such a law that gives the TCP department this power. The law gives 30 days public notice to object, but a majority of objections that we have filed have been dismissed with the same response saying ‘lacking details’.”

“I understand that planning needs to be flexible. We cannot always wait ten years for a new Regional Plan. But flexible planning poses a huge risk if not carefully constrained and section 39 A lacks any constraints. Everything is at the Board’s discretion,” he added.

Researchers estimate that the government has granted approval to convert over 9.29 lakh square metres of land to settlement under Section 39A since the law came into force.

Abhijit Prabhudesai, general secretary of the environmental group Rainbow Warriors said, “The fundamental problem is that Section 39A enables unplanned development. Planned development is ensured in the TCP Act by broad demarcation of zones and restrictions to the power of chief town planner and the TCP department to only make broad demarcations, which means you have to zone land identically throughout the state. It cannot be based on individual requests of private parties. So, if a certain type of land is demarcated as a particular zone, then it should be done the same throughout the state of Goa. Section 39A allows any person to ask for any change of zone, which is unplanned, arbitrary and unjust.”

History of contentious amendments

The first Regional Plan for Goa, which lays down a decadal road map for land use and development and demarcates zones for agriculture, forests, hills, orchards, industry, urban and rural settlements, was notified in 1986 and had a horizon period till 2001. In 1988, the TCP Act was amended and subsequently Section 17 of the TCP Act empowered the government to direct the TCP department to undertake ad-hoc changes to the Regional Plan, essentially allowing “spot zoning”. Over 2,241 spot zone changes took place between 1988 and 2005 and a majority of changes involved conversion of agricultural land (71 per cent) and natural cover (21 per cent).

Such piecemeal revisions led to concerns of “chaotic development”, with the then Secretary, Town and Country Planning, Jayshree Raghuram, observing in an office note in March 2005 that “conscious effort needs to be made to curb this practice of allowing ad-hoc changes”, which has led to “haphazard development” and “mushrooming of concrete structures with scant regard to planning and land use norms”. This practice of making ad-hoc changes to the Regional Plan on requests from private individuals came to an end during the President’s Rule in Goa in 2005, when the state government passed an order to stop entertaining any applications for change in land use.

In 2011, a revised Regional Plan 2011 was published, which came under criticism due to the proposed land use changes that sought to bring vast areas under settlements; a mass public agitation led to its scrapping. The government appointed a task force headed by renowned architect Charles Correa to draft the Regional Plan 2021. This draft was later notified in phases and has been in force. In 2018, the Goa Assembly passed another amendment to the TCP Act — Section 16B — which allowed people to request the chief town planner for change of zone in the Regional Plan on a case-by-case basis. After severe criticism, the government announced in 2022 that all recommendations under Section 16B would be scrapped and in 2024, the Cabinet decided to repeal the provision.

In March 2023, the government amended the TCP Act, 1974, and introduced Section 17(2). The amendment allowed conversion of privately owned plots if the owner approaches the department with “inadvertent errors” that need to be “corrected” in Goa’s Regional Plan 2021, without public consultation. The section was read down by the High Court of Bombay at Goa in March 2025. The state government has subsequently challenged the High Court order in the Supreme Court.

Pavneet Singh Chadha is the Goa Correspondent of The Indian Express. His reporting focuses intensely on the state of Goa, covering major developments in politics, governance, and significant local events, which establishes his high degree of Expertise and Authority in the region. Expertise Geographic Expertise: As the Goa correspondent, Pavneet provides on-the-ground, comprehensive coverage of Goa's political, social, and cultural landscape, ensuring readers receive timely and localized insights. Key Coverage Focus: His recent work demonstrates deep investigative capabilities and a focus on high-impact stories, including: Investigative Reporting: Extensive coverage of complex events such as major incidents (e.g., the Goa nightclub fire), tracing the legal, political, and safety lapses involved. Government and Law Enforcement: Detailed tracking of police actions, deportations, and legal proceedings related to significant local cases. Policy and Governance: Reporting on the judiciary (e.g., Goa High Court flagging illegal structures) and the actions of government departments. He tweets @pub_neat ... Read More