Goa Budget Session 2026: Minister Rane Defends Section 39A In TCP Act Amid Land Conversion Row

New Delhi: The ongoing budget session in Goa has brought Section 39A of the Goa Town and Country Planning (TCP) Act into the spotlight. The provision, introduced in February 2024, was to overhaul the state's urban planning system, which has been static for decades. The government's goal is to create a more flexible and responsive planning framework that can adapt to the state's rapid urbanisation and changing economic needs.

However, the Goa government's introduction of Section 39A to the TCP Act has drawn opposition, though the administration is standing firm on its legitimacy and transparency. The provision is to address inconsistencies in the state's outdated land-use maps, which have hindered development and led to unauthorised construction.

Town and Country Planning Minister Vishwajit Rane has asserted that Section 39A is a necessary corrective measure, designed to rectify errors in existing plans rather than facilitate arbitrary reclassification. The law is part of the Goa TCP Act and operates within the legal framework, ensuring that changes are made with proper safeguards.

The High Court has acknowledged the provision's built-in safeguards, noting that it follows a fair process. Additionally, the judicial recognition shows the government's push for accountability in urban planning.

The officials stated that for years, Goa's land-use maps have been criticised for being outdated, leading to administrative paralysis and unauthorised construction. The government's argument is that adhering to these outdated zoning lines is no longer viable, as it fails to account for the state's growth and development. Therefore, Section 39A is designed to address these anomalies by empowering the Chief Town Planner to modify zoning for specific parcels, with the approval of the government and the Town and Country Planning Board.

The provision has been framed as a necessary corrective measure, rather than a tool for unchecked development. 

As per the government, the Changes under Section 39A cannot be made in secrecy or through executive fiat alone. The law mandates a multi-step process, requiring approval from the TCP Board, followed by a public notice period that invites objections and suggestions from citizens. According to Minister Rane, the process is an example of the department's adherence to the rule of law.

The provision reportedly restricts drastic alterations, ensuring that the overall character of the regional plan remains intact, which further safeguards that the ecological and developmental vision of the state is preserved.

Notably, Section 39A is a legal and constitutional provision, operating within the framework of the Goa Town and Country Planning Act. Similar provisions exist in other states, including Maharashtra, where a comparable law has been upheld by the Supreme Court.

The purpose of Section 39A is to allow timely development, as Regional Plans are prepared once every 20 years. The provision enables necessary adjustments to be made, ensuring that development keeps pace with the state's growth.

Rane has stated that Section 39A is a stance that prioritises practicality, adapting to the present to avoid the pitfalls of being forever bound by the errors of the past. He further added that by allowing for targeted adjustments through a transparent and legally sound process, Goa is ensuring that its development keeps pace with its dynamism.

Amidst the ongoing dispute and despite pending petitions, the High Court has not stayed the provision, indicating that it does not view Section 39A as causing immediate irreparable harm, allowing the government to move forward with its urban planning initiatives. In an order dated March 13, last year, the Court noted that the provision follows a fair process, reinforcing the state's position that the law is a responsible tool for governance.

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