Goa Town And Country Planning (Change Of Zone Of Land In The Regional Plan Or The Outline Development Plan) Rules, 2024

 

[07th March 2024]

In exercise of the powers conferred by sub-section (1) of section 39A read with sub-sections (1) and (2) of section 140 of the Goa Town and Country Planning Act, 1974 (Act 21 of 1975) and all other powers enabling it in this behalf, the Government of Goa hereby makes the following rules, namely:-

Rule 1. Short title and commencement :-

(1)     These rules may be called the Goa Town and Country Planning (Change of zone of land in the Regional Plan or the Outline Development Plan) Rules, 2024.

(2)     They shall come into force on the date of their publication in the Official Gazette.

Rule 2. Definitions :-

(1)     In these rules, unless the context otherwise requires,-

(a)      "Act" means the Goa Town and Country Planning Act, 1974 (Act 21 of 1975);

(b)      "Department" means the Department of Town and Country Planning;

(c)      "eco-sensitive land" means a low lying paddy field, water body, khazan land, flood prone area, land having slope more than 25%, forest land including private forest land, land falling in the buffer zone of Wild Life Sanctuary;

(d)      "Form" means a form appended to these rules;

(e)      "Government" means the Government of Goa;

(f)       "Outline Development Plan" means the Outline Development Plan notified under section 29 of the Act, which is in force;

(g)      "Regional Plan" means the Regional Plan notified under section 15 of the Act, which is in force;

(h)     "Schedule" means a Schedule appended hereto;

(2)     The words and expressions used in these rules but not defined shall have the same meanings as are respectively assigned to them in the Act.

Rule 3.

Form of application and processing fee for making request for change of zone of land :-

(1)     A request for change of zone of any land in the Regional Plan or Outline Development Plan under sub-section (1) of Section 39 shall be made in Form A hereto to the Chief Town Planner (Planning) alongwith fees as specified in column (2) of the Schedule hereto.

(2)     Where the application submitted under sub-section (1) of section 39 is approved by the Goa Town and Country Planning Board and the Government, the applicant shall pay appropriate fee for change of zone as specified in columns (3) to (5) of the Schedule hereto.

Rule 4. Procedure for change of zone in Regional Plan/Outline Development Plan :-

(1)     The Chief Town Planner (Planning) upon direction of the Government or upon receipt of application made by any person, under sub-section (1) of section 39, for change of zone of any land in the Regional Plan or Outline Development Plan, give notice of the proposed change of zone of land by a notification published in the Official Gazette and in two local newspapers inviting suggestions from the public within a period of thirty days from the date of publication of the notification in the Official Gazette and local newspapers.

(2)     The suggestions, if any, received in respect of the proposed change of zone of land shall be scrutinized by the Department by following guidelines as specified in rule 6.

(3)     After expiry of such period of thirty days, the proposal for change of zone of land alongwith suggestions if any received, shall be placed before the Goa Town and Country Planning Board for its recommendation/ /approval.

(4)     The Chief Town Planner (Planning) shall place the recommendation/decision of the Goa Town and Country Planning Board before the Government for decision.

(5)     Upon decision of the Government under sub-rule (4), the Chief Town Planner (Planning) shall alter or modify the Regional Plan or the Outline Development Plan to the extent as specified in sub-section (2) of section 39 for carrying out change of zone of any land therein.

Rule 5. Scrutiny of applications :-

The Department shall carry out scrutiny of the applications submitted under sub-section (1) of section 39 by following the guidelines as specified below:-

(i)       Eco-sensitive land as defined in clause (c) of sub-rule (1) of rule 2 shall not be considered for change of zone;

(ii)      Past commitment/approvals/sanad granted in respect of land shall be considered provided that such land is not an eco-sensitive land;

(iii)     In case of land falling within Coastal Regulation Zone area, the comments of the Goa Coastal Zone Management Authority shall be obtained.

(iv)    In case of land whos zoning has been reverted to agricultural and non-developable zones in Regional Plan 2021 from Settlement zone in Regional Plan 2001 shall be considered on priority and as per the merit of each case;

(v)      Applications of individuals who purchased plots in unauthorized layouts in non-conforming zones shall be considered as per the merit of each case;

(vi)    Wherever required the comments from Forest Department and/or Agriculture Department shall be obtained by the Department and the concerned Departments shall be required to submit their comments in a time bound manner;

(vii)   Applications by religious, health and educational institutions and applications for employment generating activity and tourism related projects shall be considered on the merits of the case;

(viii)  Projects which are recommended by Goa Investment Promotion Board shall be given due consideration;

(ix)    The public utility and tourism related projects/proposals shall be considered on the merits of the case.

Rule 6. Notification of alteration or modification to Regional Plan/Outline Development Plan :-

Every alteration/modification of the Regional Plan or the Outline Development Plan shall be published by the Chief Town Planner (Planning) by notification in the Official Gazette.

SCHEDULE 1

SCHEDULE

 

Note:-

(1)     The rate of fee specified in column Nos. (2), (3), (4) and (5) above are applicable for land in V.P-2 category villages in Talukas of Pernem, Bardez, Tiswadi, Ponda, Mormugao, Salcete and Canacona as identified in Release-3 Report of Regional Plan 2021:

Provided that, the rate of fee in respect of VP-2 category villages in the Talukas of Bicholim, Sattari, Quepem, Sanguem and Dharbandora, as identified in Release-3 Report of Regional Plan 2021, shall be 80% of the rate of fee specified in column Nos. (2), (3), (4) and (5) above:

(2)     The rate of fee for land in VP-1 category villages and M2 class Municipal areas/coastal villages, shall be increased by 20% and 40%, respectively, over the rate specified for VP-2 category villages.

(3)     The rate of fee for change of zone from Industrial zone to Settlement zone shall be as specified in column No. (3) above and the rate of fee for change of zone from Settlement zone to Industrial zone shall be as specified in column No. (4) above.

From:

To,

1.        Name and address of the applicant --

2.        Survey No., Village Panchayat and Taluka in which land is situated --

3.        Whether free hold or lease hold --

4.        Existing zone as per Regional Plan 2021/Outline Development Plan --

5.        Road Accessibility/Status --

6.        Tenancy details --

7.        CRZ status (River/Sea) --

8.        Past commitment (such as developments like sub-division approvals by Competent Authorities, Conversion Sanad under Land Revenue Code, 1968, building approvals/NOCs etc. --

9.        Change of Zone sought for (Specify the proposed zone) --

10.     Area of land sought for change of zone --

11.     Nature of land, specify whether sloping/low lying --

12.     Purpose of change --

13.     Details of processing fee paid --

Date:

Place:

Signature of the Applicant

Enclosed following documents:

i)         Survey Plan.

ii)        Form I & IV.

iii)       Ownership documents.

iv)      Zoning Certificate.

v)        Contour Plan, photograph of the property, if required.