Chapter VII Control of Development and Use of Land

On and from the date on which a public notice of the preparation of a Development Plan is published under sub-section (1) of section 35, every land use, every change in land use and every development in the area covered by the Development Plan shall conform to the provisions of this Act and the Development Plan as finally approved by Government under section 36:

Provided that the Planning and Development Authority may allow the continuance, for a period not exceeding ten years, of the use, upon such terms and conditions as may be prescribed by regulations made in this behalf, of any land to the extent to which it was used on the date on which such public notice is published.

Notwithstanding anything contained in this Act, or the Regional Plan, Outline Development Plan, or a Comprehensive Development Plan or a Land Use Plan prepared under this Act, or in any of the provisions of the Goa Land Revenue Code, 1968 or any other law for the time being in force, an Applicant who desires to set up any Eco Tourism activity permitted in the Eco Sensitive Zone Notification, in Eco Sensitive Zones declared under the Environment Protection Act, 1986 and the Rules framed there under by the Ministry of Environment and Forest, Government of India, shall not be required to obtain any conversion of land, or any change of zoning or change of land use or any change of land either under this Act or any other maps or plans finalised there under, or Regulations or the Goa Land Revenue Code, 1968: Provided that such project or Eco Tourism Activity can be set up to an extent of 5% of the total area and that the minimum area required is not less than 20,000 sq. metres: Provided further that persons desirous of setting up of any such Eco Tourism Activities shall be required to obtain prior approval of the State Level Eco Sensitive Zone Monitoring Committee or such other Authority, as may be designated from time to time as well as the construction licence in terms of the Goa Panchayat Raj Act, 1994, but shall not require any Land Use, or Conversion Sanad or change of Zoning or Area Conversion under the local laws.]

Subject to the other provisions of this Act, no development, in respect of, or change of use of, any land shall be undertaken or carried out, in an area after the application of this Act to such area—

1. (a) without obtaining a certificate from the Planning and Development Authority concerned that the development charge as leviable under this Act has been paid or that no such development charge is leviable; and
2. (b) without obtaining a permission under section 44: Provided that no such permission shall be necessary—
   • (i) for carrying out such works for the maintenance, improvement or other alteration of any building which affects only its interior or which do not materially affect the external appearance of the building;
   • (ii) subject to the provisions of sub-section (2) of section 44 for the carrying out by the Central Government or the Government or any local authority, of—
3. (a) any work required for the maintenance or improvement of a highway, road or public street, being work carried out on land within the boundaries of such highway, road or public street;
4. (b) any work for the purpose of inspecting, repairing or renewing any drains, sewers, mains, pipes, cables or other apparatus, including the breaking open of any street or other land for that purpose;
   • (iii) for the excavations (including wells) made in the ordinary course of agricultural operations;
   • (iv) for the construction of unmetalled roads intended to give access to land solely for agricultural purposes;
   • (v) for the normal use of land which may be used temporarily for other purposes;
   • (vi) in the case of land normally used for one purpose and occasionally used for any other purpose, for the use of land for that other purpose on occasions; or
   • (vii) for the use, or for any purpose incidental to the use, of a building for human habitation, or any other building or land attached to such building.

1. (1) Any person intending to carry out any development in respect of, or change of use of, any land shall make an application in writing to the Planning and Development Authority for permission in such form and containing such particulars and accompanied by such documents and plans as may be prescribed. 75[Provided that, no such permission shall be required to undertake any activity for which permission/licence is granted under the Mines and Minerals (Development and Regulation) Act, 1957 (Central Act No. 67 of 1957) and rules made thereunder.]
2. (2) (a) In the case of a Department of the Central or 76[State], Government or local authority intending to carry out any development in respect of, or change of use of any land, the Department or authority concerned shall notify in writing to the Planning and Development Authority of its intention to do so, giving full particulars thereof accompanied by such documents and plans as may be prescribed, at least two months prior to the undertaking of such development or change, as the case may be, and shall obtain permission in respect thereof.
   • (b) Where the Planning and Development Authority has raised any objection in respect of the conformity of the proposed development or change of use either to any Development Plan under preparation or to any of the regulations in force at the time, or due to any other material consideration, the Department or authority concerned, as the case may be, shall, either make the necessary modifications in the proposals for such development or change of use to meet the objections raised by the Planning and Development Authority or submit the proposal for such development or change of use together with the objections raised by the Planning and Development Authority to the decision of the Government.
   • (c) The Government on receipt of such proposals together with the objections of the Planning and Development Authority shall, in consultation with the 77 [Chief Town Planner (Land use)], either approve the proposals with or without modifications or direct the Department or authority concerned, as the case may be, to make such modifications in the proposals as they consider necessary in the circumstances.
3. (3) On an application having been duly made under sub-section (1), and on payment of the development charges, if any, as may be assessed under Chapter IX, the Planning and Development Authority may—
   • (a) pass an order —
     • (i) granting permission unconditionally; or
     • (ii) granting permission subject to such conditions as it may think fit to impose; or
     • (iii) refusing permission; or
   • (b) without prejudice to the generality of clause (a), impose conditions—
     • (i) to the effect that the permission granted is only for a limited period and that after the expiry of that period, the land shall be restored to its previous condition or the use of the land so permitted shall be discontinued; or
     • (ii) for regulating the development or use of any land under the control of the applicant or for the carrying out of works on any such land as may appear to the Planning and Development Authority expedient for the purpose of the permitted development.
4. (4) The Planning and Development Authority in dealing with the applications for permission under this section shall have regard to —
   • (i) the provisions of any Development Plan which has come into operation; (ii) the proposals or provisions which it thinks are likely to be made in any Development Plan under preparation, or to be prepared; 78[ ] 79[(iii) to the relevant bye-laws or regulations of the local authority concerned; and]
   • (iv) any other material consideration.
5. (5) When permission is granted subject to conditions or is refused, the grounds for imposing such conditions or such refusal shall be recorded in writing in the order and such order shall be communicated to the applicant in the manner prescribed.

1. (1) Any applicant may appeal to the Board, (a) where he is aggrieved by an order passed under section 44 within two months of the communication of that order to him, (b) where no order is passed, after the expiry of a period of three months from the date of submission of the application.
2. (2) An appeal under sub-section (1) shall be preferred in such manner and accompanied with such fees, not exceeding 80[ten thousand rupees, ] as may be prescribed.
3. (3) The Board may, after giving a reasonable opportunity of being heard to the appellant and the concerned Planning and Development Authority, pass an order—
   • (a) granting permission unconditionally; or
   • (b) granting permission subject to such conditions as it may think fit; or
   • (c) removing the conditions subject to which permission has been granted and imposing such other conditions, if any, as it may think fit; or
   • (d) refusing permission: Provided that the Board shall dispose of every appeal within three months of the date of preferring the same and if not so disposed it shall be deemed that the prayer of the appellant is granted.

Every permission granted under this Act shall remain in force for a period of three years from the date of such permission:

Provided that the Planning and Development Authority may, on application made in this behalf before the expiry of the said period, extend such period, by such period or periods as it may think proper; so, however, that the total period extended shall in no case exceed three years:

Provided further that the lapse of any such permission shall not bar any subsequent application for fresh permission under this Act.

1. (1) Where any person aggrieved by an order in appeal under section 45 refusing to grant permission or granting permission subject to conditions, claims—
   • (a) that the land has become incapable of reasonably beneficial use in the existing state, or
   • (b) in a case where permission was granted subject to conditions, that the land cannot be rendered capable of reasonably beneficial use by carrying out the development in accordance with such conditions, he may, within three months from the date of passing of such order and in the manner prescribed, serve on the Government, a notice requiring the Government to acquire his interest in such land (hereinafter in this section and in section 54, referred to as an acquisition notice).
2. (2) A copy of the acquisition notice shall also be served on the Board and the Planning and Development Authority concerned.
3. (3) After receiving the notice under sub-section (1) the Government shall appoint a person who shall, after giving a reasonable opportunity of being heard to the person serving the acquisition notice, the concerned Planning and Development Authority and the Board, submit a report thereon to the Government.
4. (4) After receiving the report under sub-section (3), the Government shall—
   • (a) (i) if it is satisfied that any of the conditions specified in clause (a) or clause (b) of sub-section (1) is not fulfilled; or
     • (ii) if the order appealed against was passed on the ground that any of the provisions of this Act or the rules made thereunder had not been complied with, pass an order refusing to confirm the notice; or (b) if it is satisfied that any of the conditions specified in clause (a) or clause (b) of sub-section (1) is fulfilled, pass an order—
     • (i) confirming the notice; or
     • (ii) directing the Planning and Development Authority to grant such permission or to alter the conditions in such a way as will keep the land or part thereof capable of reasonably beneficial use.
5. (5) If within the period of one year from the date on which an acquisition notice is served under sub-section (1), the Government had not passed any order under sub-section (4), the notice shall be deemed to have been confirmed on the expiration of such period.
6. (6) On an acquisition notice being confirmed under sub-section (4) or deemed to have been confirmed under sub-section (5), the Government shall proceed to acquire the land or part thereof in respect of which the notice has been confirmed, within one year of such confirmation.

1. (1) Where an order in appeal under section 45 refusing to grant permission to develop the land or granting of such permission subject to conditions, relates to,—
   • (a) the re-erection of a building which has been destroyed or demolished and such re-erection does not exceed the cubic content of the original building by more than one-tenth; or
   • (b) the enlargement, improvement or other alteration of any building which was in existence on the date of coming into operation of the Development Plan for the first time, and such enlargement or improvement or alteration does not exceed the cubic content of that building by more than one tenth; or
   • (c) the carrying out, on any land used for the purposes of agriculture, of any building or other operation required for that purpose, other than operations for the erection, enlargement, improvement or alteration of a building for human habitation or of a building used for the purpose of marketing the produce of land; or
   • (d) where any part of any building or other land which on the date of coming into operation of the Development Plan for the first time is used for a particular purpose, the use for that purpose of any additional part of the building or land not exceeding one-tenth of the cubic content of the part of the building used for that purpose on that date, or as the case may be, one-tenth of the area of the land so used on that date, the owner may, if he had not served an acquisition notice under section 47 or if he had served such notice, the same had not been confirmed under that section, within such time and in such manner as may be prescribed, claim upon the Planning and Development Authority compensation for the refusal of such permission or for the grant thereof subject to conditions: Provided that no compensation shall be claimed if such refusal or grant of permission subject to conditions was by reason of any provision in the Development Plan.
2. (2) The compensation, if any, payable under sub-section (1) shall be equal to—
   • (a) where permission is refused, the difference between the value of the land if the permission had been granted and the value of the land in its existing state; or
   • (b) where permission is granted subject to conditions, the difference between the value of the land if the permission had been granted unconditionally and the value of the land when permission is granted subject to conditions.
3. (3) When a claim under sub-section (1) is received by the Planning and Development Authority, it shall, after giving an opportunity of being heard to the claimant, assess the amount of compensation payable and offer it to the claimant.
4. (4) If the claimant does not accept the compensation offered under sub-section (3) and gives notice, within such time as may be prescribed, of such refusal, the Planning and Development Authority shall refer the matter for the adjudication of the District Court and the decision of that court shall be final and binding on the owner and the Planning and Development Authority.

1. (1) Any person intending to sub-divide his plot or make or layout a private street, on or after the date on which a public notice of the preparation of a Development Plan is published under sub-section (1) of section 35, shall submit the layout plan together with the prescribed particulars to the Planning and Development Authority for sanction.
2. (2) The Planning and Development Authority may within the prescribed period, sanction such plan either with or without modifications and conditions as it considers expedient or may refuse to give sanction if it is of the opinion that such sub-division, making or layout is not in conformity with the proposals contained in a Development Plan.
3. (3) When the sanction is granted subject to conditions or refused, the grounds for imposing such conditions or such refusal shall be recorded in writing in the order and such order shall be communicated to the applicant in the manner prescribed.
4. (4) If any person does any work in contravention of the provisions of sub-section (1) or in contravention of the modifications and conditions of the sanction granted under sub-section (2) or inspite of the refusal of sanction under sub-section (2), the Planning and Development Authority may direct such person by notice in writing to stop any work in progress and after making an inquiry in the prescribed manner, remove or pull down any work or restore the land to its original condition.
5. (5) Any expenses incurred by the Planning and Development Authority under sub-section (4) shall be a sum due to the Planning and Development Authority under this Act from the person in default. 81[(6) Notwithstanding anything contained in any other law for the time being in force, where any document required to be registered under the provisions of sub-section (1) of section 29 of the Registration Act, 1908, purports to transfer, assign, limit or extinguish the right, title or interest of any person, in respect of plots which are not as per Survey Plan issued by Survey Department or plots which have no development permissions for such sub-division from Planning and Development Authority 82[within a planning area or from the Town and Country Planning Department within a area other than a planning area], no registering officer appointed under the Act, shall register any document, unless the owner of such plot produces a certificate of sanction or a certificate of “no objection” from the Planning and Development Authority exercising jurisdiction in respect of the 83[in Central Act 16 of 1908. respect of the planning area or from the Chief Town Planner (Planning) or such officer as may be authorised by him by notification in the Official Gazette, in respect of such other area]: 84[Provided that no such certificate of sanction or “no objection” shall be required to be produced to transfer, assign, limit or extinguish the right, title or interest in respect of plot to be acquired through inheritance in an ancestral property or in family property by the legal heirs pursuant to Succession Deed, Inventory proceeding, Will, family partition/settlement, gift, governed by the provisions of the Goa Succession, Special Notaries and Inventory Proceedings Act, 2012 (Goa Act 23 of 2016) and the law in force: Provided further that such development permission shall be required where subdivision results in plots in excess of number of legal heirs.] Provided further that no such certificate of sanction or no objection shall be required to be produced for the purpose of mortgaging immovable property in favour of any financial institution notified by the Government by a notification in the Official Gazette, for the purpose of this Act.]

1. (1) If it appears to the Planning and Development Authority that, having regard to the Development Plan prepared or under preparation or to be prepared and any other material consideration, it is necessary and expedient that any permission to develop land granted under this Act or any other law, ought to be revoked or modified, it may, by order, revoke or modify such permission to such extent as appears to it to be necessary: Provided that—
   • (a) where the permission relates to the carrying out of building or other operations, no such order,
     • (i) shall affect such of the operations as have been previously carried out; or
     • (ii) shall be passed after such operations have been completed;
   • (b) where permission relates to a change of use of land no such order shall be passed at any time after such change has taken place.
2. (2) When permission is revoked or modified by an order made under sub-section (1), the owner may, within such time and in such manner as may be prescribed, claim compensation for the expenditure incurred in carrying out any work in accordance with such permission and which has been rendered abortive by the revocation or modification of permission.
3. (3) Where a claim under sub-section (2) is received by the Planning and Development Authority it shall, after giving an opportunity of being heard to the claimant assess the amount of compensation payable and offer it to the claimant.
4. (4) If the claimant does not accept the compensation offered under sub-section (3), and gives notice, within such time as may be prescribed, of such refusal, the Planning and Development Authority shall refer the matter for the adjudication of the District Court and the decision of that court shall be final and binding on the claimant and the Planning and Development Authority.

1. (1) Any person who, either by himself or at the instance of any other person, commences, undertakes or carries out development of, or changes the use of any land —
   • (a) in contravention of any Development Plan; or
   • (b) without obtaining a certificate regarding development charge under section 43; or
   • (c) without the permission as required under this Act; or
   • (d) in contravention of any condition subject to which such permission has been granted; or
   • (e) after the permission for development has been revoked under section 50; or
   • (f) in contravention of the permission which has been modified under section 50, shall be punishable with fine which may extend to 85[One lakh rupees] and in the case of a continuing contravention with a further fine which may extend to 86[ten thousand rupees for every day] during which such contravention is continued after conviction for the first such contravention.
2. (2) Any person who continues to use or allows the use of any land or building in contravention of the provisions of a Development Plan without having been allowed under section 42, or where the continuance of such use has been allowed under that section, continues such use after the period for which the use has been allowed or without complying with the terms and conditions under which the continuance of such use is allowed, shall be punishable with fine which may extend to 87[ten thousand rupees], and in the case of a continuing contravention with a further fine which may extend to 88[five hundred rupees] for every day during which such contravention is continued after conviction for the first such contravention. 89[(3) An offence under this section shall be cognizable.]

1. (1) Where any development or change of use of land has been carried out in any manner specified in clauses (a) to (f) of sub-section (1) of section 51, the Planning and Development Authority may, within four years of such development or change, serve on the owner a notice requiring him, within such period, being not less than one month from the date of service of such notice as may be specified therein, to take any of the following steps as may be specified in the notice, namely:—
   • (a) in the cases specified in clause (a) or clause (c) or clause (e) of the said sub-section to restore the land to its condition before the said development took place;
   • (b) in the cases specified in clause (d) or clause (f) of the said sub-section to secure compliance with the conditions subject to which the permission was granted or with the permission as so modified;
   • (c) in the cases specified in clause (b), to pay the development charge and such penalty, if any, as may be prescribed, and in particular, such notice may, for any of the purposes aforesaid require—
     • (i) the demolition or alteration of any building or work;
     • (ii) the carrying out on land, of any building or other operations; or
     • (iii) the discontinuance of any use of land: Provided that in case the notice required the discontinuance of the use of any land, the Planning and Development Authority shall serve a notice on the occupier also.
2. (2) Any person aggrieved by a notice served under sub-section (1) may within such period and in such manner as may be prescribed—
   • (a) apply for permission under section 44 for the retention on the land of any buildings or works or for the continuance of any use of the land, to which the notice relates; or
   • (b) appeal to the Board.
3. (3) Where an application for permission has been made under clause (a), or an appeal has been preferred under clause (b), of sub-section (2), the notice served under subsection (1) shall have no effect until the final determination or withdrawal of the application or the appeal, as the case may be.
4. (4) Where permission is granted on an application referred to in clause (a) of sub-section (2), the notice issued under sub-section (1) shall not have effect and where such permission is granted for the retention only of some building or work or for the continuance of use of only a part of the land, such notice shall not have effect regarding such building or work or such part of the land, but shall have full effect regarding other buildings or works or other parts of the land.
5. (5) Where an appeal has been preferred under clause (b) of sub-section (2), the Board shall, after giving a reasonable opportunity of being heard to the appellant and the Planning and Development Authority concerned, allow or dismiss the appeal either by quashing or warying the notice as it may think fit.
6. (6) If within the period specified in the notice or within such period after the disposal or withdrawal of an application for permission or an appeal under sub-section (2), as may be prescribed, the notice or so much of it as continues to have effect or the notice with variations made in such appeal is not complied with, the Planning and Development Authority may—
   • (a) prosecute the owner for not complying with the notice and in case where the notice required the discontinuance of any use of land, also any other person who uses the land or causes or permits the land to be used in contravention of the notice; and
   • (b) in the case of a notice requiring the demolition or alteration of any building or work or other operations, itself cause the restoration of the land to its condition before the development took place and secure the compliance with the conditions of the permission or with the permission modified by taking such steps as the Planning and Development Authority may consider necessary including demolition or alteration of any building or works or carrying out of any building or other operations and may recover the cost of any expenses incurred by it in this behalf from the owner as arrears of land revenue.
7. (7) Any person prosecuted under clause (a) of sub-section (6) shall be punishable with fine which may extend to 90[One lakh rupees], and in the case of a continuing contravention with a further fine which may extend to five hundred rupees for every day during which such contravention continued after conviction for the first such contravention. 91 [(8) An offence under this section shall be cognizable.]

1. (1) Where any development or change of use of land is being carried out in any manner specified in clauses (a) to (f) of sub-section (1) of section 51, but has not been completed, the Planning and Development Authority may serve on the owner and the person carrying out the development or change a notice requiring such development or change of use of land to be discontinued from the date of service of such notice.
2. (2) Where a notice has been served under sub-section (1) the person aggrieved by such notice may appeal to the Board and the provisions of sub-sections (5) and (6) of section 52 shall apply with such modifications as may be necessary.
3. (3) Any person, who continues to carry out the development of land, whether for himself or on behalf of the owner or any other person, even after a notice has been served under sub-section (1) shall be punishable with fine which may extend to 92[one lakh rupees] and when the non-compliance is a continuing one, with a further fine which may extend to five hundred rupees for every day after the date of the service of the notice during which the non-compliance has continued or continues.
4. (4) If a notice under sub-section (1) is not complied with forthwith, the Planning and Development Authority or such officer of the Authority as may be authorised by it in this behalf may require any police officer to remove such person and all assistants and workmen from the land and such police officer shall comply with such requisition.
5. (5) Where action had been taken by a police officer under sub-section (4), the Planning and Development Authority or the officer referred to in that sub-section shall take necessary steps to ensure that such development is not continued.
6. (6) Any expenses incurred by the Planning and Development Authority under sub-section (4) and sub-section (5) shall be paid by the person at whose instance such development is being continued or to whom notice under sub-section (1) was given and shall be recoverable from such person as an arrear of land revenue. 93[(7) An offence under this section shall be cognizable.]

1. (1) If it appears to a Planning and Development Authority that it is expedient in the interests of the proper planning of its area (including the interests of amenities) or having regard to the Development Plan prepared, or to be prepared and on any other material consideration
   • (a) that any use of land should be discontinued;
   • (b) that any conditions should be imposed on the continuance of use of any land; or
   • (c) that any building or work should be altered or removed; it may, by notice served on the owner —
     • (i) require the discontinuance of that use; or
     • (ii) impose such conditions, as may be specified in the notice, on the continuance of the use of the land; or
     • (iii) require such steps, as may be specified in the notice to be taken for the alteration or removal of any building or work, as the case may be, within such period, being not less than one month from the date of service of such notice, as may be specified therein.
2. (2) Any person aggrieved by such notice may appeal to the Board within such period and in such manner as may be prescribed.
3. (3) If an appeal is filed under sub-section (2), the provisions of sub-sections (5) and (6) of section 52 shall apply, with such modifications as may be necessary.
4. (4) If any person(a) who has suffered damage in consequence of the compliance with the notice by the depreciation of any interest in the land to which he is entitled or by being disturbed in his enjoyment of the land, or
   • (b) who has carried out any works in compliance with the notice, claims from the Planning and Development Authority, within such time and in such manner as may be prescribed, compensation in respect of that damage, or of any expenses reasonably incurred by him for complying with the notice, the provisions of sub-sections
5. (3) and (4) of section 50 shall apply with such modifications as may be necessary.
6. (5) (a) If any person interested in the land in respect of whim a notice is issued claims that by reason of with compliance the notice, the land will become incapable of reasonably beneficial use, he may within the period specified in the notice or within such period after the disposal of the appeal if any, filed under sub-section (2) and in the manner prescribed serve on the Government an acquisition notice requiring his interest in the land to be acquired.
   • (b) When a notice is served under clause (a), the provisions of sub-sections (2) to (6) of section 47 shall apply with such modifications as may be necessary.

Where a

Planning and Development Authority, in the exercise of its functions and powers with respect to any area under it, is required to have regard to the provisions of a Development Plan before such Development Plan has become operative, the Planning and Development Authority shall have regard to the provisions which in its opinion will be required to be included in such plan for securing the proper planning of the concerned area.