GAKUVED FEDERATION has filed petition in high court quashing of recent amendment to the Goa Town and Country Planning act 1974, made vide the Town & Country Planning amendment act (2020) Notified by the notification bearing number 7/19/2020 IA Dated 20/08/2020.
The section 16 of the Goa Town and Country planning act 1974 has been amended. As per the new amendment the provisions of the regional plan under section 16 of act will not apply to activities undertaken in pursuance of the permission/License granted under The Mines & Mineral (development and regulations) act 1957 (CENTRAL ACT NO. 67 OF 1957) and rules made under.
This implies that permission of mining or quarrying can be granted in any area irrespective of their Zoning in the Regional Plan. By this amendment mining and quarring can be permitted in green areas or even forest areas in an arbitrary and haphazard manner.
Further by amendment to section 16(A), Mining &quarring related activities will not be subject to the regional plan and the areas in which such activities can be carried out need not be in conformation with the regional plan.
Also, as per the amendment to sec 17A, the prohibition of hill cutting, low lying areas will not apply to mining and quarring activities if they have permission to do so under mines and mineral act 1957, similarly section 44 of TCP act 1974 has also been amended.
Hence, GAKUVED apprehends that government will issue permission for quarring, mining in Eco sensitive areas, areas with steep slopes & under green cover since the restriction/regulations contained in section 16,16A, 17A of TCP act 1974 will not apply to such activities as per new amendment ACT2020.
Further federation highlighted that the provision of mines and minerals act 1957 & rules framed there under have no safeguards and checks which could serve to protect the Hills, Hilly areas, areas which are rich in Biodiversity, Eco-sensitive zone which are protected by old TCP ACT 1974.
The federation warned that the impugned amendment will have destructive consequences on natural resources of state,the hill,waterbodies,forest areas under green cover, khazan lands.
