HC Sends Notice to TCP Over Land-Filling in Tillari Command Area

Rapid Summary

• The Bombay High Court at Goa has issued notices to government authorities based on a Public Interest Litigation (PIL) concerning the alleged illegal filling of low-lying paddy fields in the Tillari Irrigation Project command area at Calangute.
• The PIL, filed by petitioner Vinal Diulkar, challenges the validity of the goa Town and Country Planning (Composition of Offences) Rules, 2022 and a compounding order issued by the department in February this year.
• Diulkar alleges that despite land-filling to a depth over three times greater than allowed (1.5m compared to 50cm), no site inspection was conducted before compounding legality issues.
• The petitioner stated that rules under Section 17A were violated and provided evidence suggesting misuse of compounding regulations governing illegal land alterations.
• Paddy fields involved are classified under the Goa Command Area Development Act, 1997 and its associated rules from 1999, with ownership belonging to Calangute comunidade members and tenants.

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Indian Opinion Analysis
The High Court’s intervention is meaningful as it highlights potential procedural lapses related to environmental protection and urban planning laws in sensitive areas like Calangute within the Tillari Irrigation Project zone. If substantiated,allegations surrounding misuse of compounding rules for illegal land modifications may set a precedent for stricter oversight on regulatory bodies like Town & Country Planning Departments.

With preservation laws such as those outlined under the Command Area Development Act seemingly overlooked during decision-making processes, stronger enforcement mechanisms could enhance accountability while safeguarding agricultural lands vital for local communities’ sustainability.