Bombay High Court Mandates New Inspection of Land-Filling in Goa Paddy Field
The Bombay High Court has issued a directive for a fresh inspection by the Town and Country Planning (TCP) department of a low-lying tenanted paddy field located at Gandaulim in Goa. The primary objective is to accurately ascertain the depth of land-filling that has occurred at this site.
Background and Previous Inspections
This judicial order comes several months after the concerned official within the TCP department failed to properly inspect the depth of the filling during a previous site visit. The court has now fixed the inspection date for April 21, with a report required to be submitted and placed before the bench by April 28. The High Court explicitly stated that if necessary, excavation work shall be carried out to determine the precise depth of the land-filling.
Earlier, on December 3, 2025, a flying squad had suggested that the depth of the filled paddy field was prima facie 1.5 meters. Based on this inspection report, the Deputy Collector South-II issued a show cause notice-cum-stop-work order on December 4 of last year, directing those responsible for the land-filling to immediately cease all work at the site.
Incomplete Assessment and Withdrawal of Notice
However, an overseer from the TCP department later inspected the site and recorded that mud-filling had been spread and leveled over an area measuring 11 meters in length and 5 meters in width. Crucially, this overseer did not document the depth to which the land-filling had been carried out. Relying on these observations, the Deputy Collector South II subsequently withdrew the show cause notice on December 18, 2025.
Court's Observations and Legal Concerns
A division bench comprising Justices Valmiki Menezes and Amit Jamsandekar noted the absence of any report from the overseer in the TCP department's Margao office that indicated the depth of the filling. The bench highlighted that the flying squad's report specifically recorded filling to a depth of 1.5 meters.
These observations prima facie suggest that the filling of the paddy field, which is admittedly a tenanted paddy field, contravenes the provisions of Section 17A of the Town and Country Planning Act, 1974. This section prohibits the filling of low-lying lands to a depth exceeding 50 centimeters. The court emphasized that this discrepancy necessitates a fresh and thorough inspection by the TCP department.
Fresh Inspection and Additional Inquiry
Taking into account all developments to date, the High Court directed the TCP authorities to depute any official other than the previous overseer to inspect survey number 10/2 of Gandaulim village. The purpose is to definitively ascertain the depth of the land-filling.
Additionally, the court has instructed the Administrator of Comunidades, South Zone, to inquire into the circumstances under which the tenant obtained a tenancy declaration against the comunidade of Colva. This declaration is what the tenant claims provides title to the subject land in question.
