If Sec 39A stayed in Siridao, must be stayed everywhere: Ferdino Rebello

Panaji: With the town and country planning department suspending all clearances granted under Section 39A of the TCP Act in St Andre constituency, retired Allahabad high court chief justice Ferdino Rebello questioned the legal rationale behind the suspension of permissions for only one constituency. He said that by suspending both provisional approvals and final permissions at Siridao-Palem, the authorities admitted that there may have been lapses in the approval process.

“Once the chief minister stayed such a consideration in Siridao-Palem, it must be followed everywhere. It cannot be arbitrary that only if someone goes on hunger strike, then it is kept in abeyance,” said Rebello.


The Section 39A mechanism gained prominence after the state withdrew the draft taluka zoning plans, beginning with Pernem, which triggered widespread opposition over proposed large-scale land reclassification. Section 39A was subsequently presented as a corrective tool, intended for limited, case-by-case adjustments. Rebello said that such case-by-case adjustments are beyond the scope of the law.

“Section 16A in the TCP Act says that once the regional plan is notified, all development must be as per the plan,” he said. “Forests and orchards cannot be developed. Development can only happen in the settlement areas. As far as Section 39A is concerned, there is a writ petition in the high court, and the court said that all approvals are subject to the final verdict. But what happens to an innocent purchaser who goes ahead and builds?” the former judge asked.

Senior advocate Norma Alvares said, “Goa govt is famous for suspending things when they are in trouble. The courts have held that there is no such provision for suspension. There is a provision for issuing notices or withdrawing legislation and permissions. I don’t see the suspension order as a very legal document, but it was a document given to people who were on hunger strike as a form of an assurance that their demand would be considered.”

“Technically, there is no provision for suspending permissions. It cannot apply to the rest of Goa. It is only a measure from govt to assure protestors that we are going to consider if perhaps there is something wrong, and they will discuss it in the assembly,” said Alvares.

Urban planner Tahir Noronha said, “TCP department says that the public can file objections, but several cases I had objected to, are now finally notified. Our objections are dismissed with the words ‘lacks adequate detail to be considered further.”Get the latest lifestyle updates on Times of India, along with Holi wishes, messages and quotes !