Thousands have taken to the streets of Panaji and towns across Goa this week, decrying Section 39A of the Town and Country Planning Act as a threat to the state’s green cover, ecological balance and community land rights.
Protesters, led by Revolutionary Goans Party (RGP) MLA Viresh Borkar and supported by villagers from Siridao-Palem and coastal belt communities, are demanding the immediate repeal of the provision, which they allege is being misused to convert eco-sensitive, orchard, forest and no-development lands into “settlement” zones where construction is permitted.
The movement, now in its fifth consecutive day of unrest has also drawn political support from national leaders while the state government maintains that careful planning and legal processes guide land-use decisions.
What Section 39A Means – And Why Goans Oppose It
First enacted through a 2024 amendment to the TCP Act, Section 39A empowers the Chief Town Planner (Planning), with government and Board approval, to alter land-use zoning in regional and outline development plans including changing areas from non-settlement to settlement land following a 30-day public notice period. Critics argue that this provision effectively legalises “spot zoning” of selected plots at the behest of applicants, bypassing established planning safeguards.
For many residents from Siridao-Palem, Calangute and Arpora-Nagoa, the law has translated into tangible threats: formal objections and a joint petition were filed by nearly 800 residents against proposed rezoning of more than 65,000 square metres of hill slopes and natural cover on Baga Hill, which they fear will lead to hillside degradation, loss of biodiversity and increased flood or landslide risk.
Villagers at Palem-Siridao similarly camped outside the Town and Country Planning (TCP) Department office and protested the change of over 84,000 square metres of land including orchards and no-development zones into settlement status.
Protest Dynamics
The protest has evolved from local sit-ins to mega mobilisation at Azad Maidan in Panaji, with thousands of citizens joining opposition leaders, civil society groups and local panchayat bodies. Demonstrators later marched to the residence of TCP Minister Vishwajit Rane in Dona Paula, calling for the section’s full repeal.
RGP MLA Viresh Borkar has been on an indefinite hunger strike since the agitation began, vowing not to relent until Section 39A is scrapped statewide. His protest entered its fifth day, despite attempts by Chief Minister Pramod Sawant to persuade him to withdraw and engage through legislative channels.
Sawant reportedly met Borkar and assured that land-change approvals in Borkar’s constituency would be kept in abeyance a move the MLA called insufficient, demanding full repeal of the section across Goa.
The issue has also attracted national political attention: Arvind Kejriwal, national convenor of the Aam Aadmi Party, publicly backed the protesters, criticising Section 39A as creating space for corruption and urging its abolition through legislative action, even if a special assembly session is required.
Government Response, Industry Positions, and Legal Context
The Goa government has defended the planning provision as part of a structured framework to correct planning anomalies, maintain orderly development, and ensure land-use regulations adapt to changing needs. Officials have argued that proper public notice and objection periods are part of the process and that any actual conversions involving eco-sensitive land contend with multiple checks before finalisation.
At the same time, industry voices such as the Confederation of Real Estate Developers’ Associations of India (Credai) have voiced support for the TCP department’s work, rejecting claims of misuse and urging that disputes be resolved through due legal process rather than protests noting that Section 39A was already challenged in the High Court and is sub judice.
However, the governor’s original assent to the amendment which explicitly excluded designated eco-sensitive land from rezoning contrasts with activists’ claims that designation boundaries and interpretations have blurred, enabling developers and political interests to push for conversions in practice.
Environmental, Cultural, and Community Concerns
Locals have been vocal not only about ecological degradation but also about the cultural and traditional ties to land, particularly in villages where ancestral lands and community commons are central to the identity and livelihood of residents. A gram sabha resolution from Arpora-Nagoa formally rejected all proposed zoning change applications under Section 39A, underscoring community autonomy and traditional land governance principles.
Residents and activists warn that unchecked rezoning and resultant construction could erode Goa’s fragile ecosystems including hills, forests and agricultural tracts leading to long-term impacts on water tables, soil health, landscape stability and biodiversity, which are integral to the state’s environmental balance and tourism economy.
The Logical Indian’s Perspective
The current unrest in Goa is a stark reminder that development must be rooted in transparency, public participation and ecological responsibility.
Laws like Section 39A – even if well-intentioned risk creating suspicion and division when communities feel excluded from decisions that directly affect their land, culture and environment. Sustainable growth cannot come at the expense of natural heritage or democratic engagement.
As Goa stands at a critical crossroads, dialogue, independent review and participatory planning should be prioritised over confrontation. Genuine environmental protection combined with inclusive, evidence-based land management offers a path that respects both economic aspirations and ecological limits.
