Investors have to be protected, will appeal to SC, says Rane

Panaji: Despite the high court of Bombay limiting the scope of Section 17(2) of the Town and Country Planning (TCP) Act and striking down the rules, town and country planning minister Vishwajit Rane remained nonchalant in his view that the judiciary upheld the contentious amendment.

While Rane hailed the court’s verdict as a victory for the department, he said that he has decided to challenge it before Supreme Court.

Referring to those who applied for a change of zone under the read-down section, Rane said that “investor sentiment has to be protected”.

“We as a state are here to protect and see that balanced development takes place. People invest, investor sentiment has to be protected. The environment also has to be protected,” the minister said.

“Keep one thing in mind, Section 17(2) stays. What the court is saying is that they are removing the rules, regulations, and guidelines so that we are able to frame it in a different manner. But for now, six weeks' time is given to us to approach Supreme Court, and we are approaching Supreme Court,” said Rane.

He said that the TCP department requested the HC to stay the order for a period of six weeks, which the division bench agreed to. Rane said that the department has already moved a note to appeal against the HC order, with former attorney general Mukul Rohatgi being briefed to take up the legal appeal in Supreme Court.

“Six weeks’ time has been given, and the court stayed its own order so that we get time to go to Supreme Court. If any tweaking is required, wording has to be changed, we are ready to do it, but we will do it after Supreme Court,” said the minister.

While the HC observed that plot-by-plot conversion of land through Section 17(2) “has the effect of mutilating” the Regional Plan, Rane said that the court has not stopped the department from undertaking correction of the zone.

“They have not said that you cannot make corrections. I am very happy that Section 17(2) has been upheld by the court, but as far as the rule regulation is concerned... but they have not said that correction cannot be done,” said the minister.

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