Goa’s Real Estate Boom Sparks Alarm Over Farmland, Orchards and Hills; Citizens Demand Repeal of Section 39A

Growing protests against land-use conversions put environmental protection, agricultural sustainability and public participation at the centre of Goa’s development debate

(SDNA) GOA: Goa’s rapidly expanding real estate market has triggered a fresh debate over the future of the state’s agricultural land, traditional orchards, green hills and ecologically sensitive landscapes. Citizens and environmental campaigners are intensifying their opposition to Section 39A of the Goa Town and Country Planning Act, arguing that the provision makes it easier to convert land previously designated for agricultural or other restricted uses into residential zones.

Protesters are demanding the complete repeal of Section 39A across the state, along with stronger legal safeguards to prevent environmentally sensitive and agriculturally valuable land from being diverted for construction. They contend that the growing pressure to accommodate real estate projects is undermining local communities’ concerns and placing Goa’s natural heritage at risk.

At the heart of the controversy lies a fundamental question: can Goa sustain its expanding property market without sacrificing the landscapes, agricultural traditions and natural resources that define the state?

Siridao Hill Becomes a Symbol of the Land-Conversion Controversy

A green orchard behind the home of Tushar Gawas in Siridao village has emerged as a prominent example of the concerns surrounding land-use changes. The orchard supports the cultivation of chillies, cashew trees and several medicinal plants. The hillside, previously considered too steep and potentially unsuitable for construction, was reclassified for residential use on January 26, opening the possibility of future development.

Gawas challenged the decision, but his initial objection was rejected on the grounds that it lacked sufficient details. In February 2026, he joined 18 other residents in submitting a more comprehensive representation to the relevant authorities. The submission included historical maps and survey documents, including Survey of India topographical maps.

According to the documents cited by the residents, the slope exceeded 25 per cent. They argued that the applicable regional planning framework restricts hill cutting and construction on slopes of this nature.

The controversy deepened after Elcon, a private engineering company appointed by the landowner, Dempo Properties and Investments, reportedly assessed the slope as being below 25 per cent. This finding helped support partial approval of the land-reclassification request.

Local activists have questioned why an independent verification was not conducted despite the apparent discrepancy between the official topographical records and the private survey. For them, the Siridao case highlights broader concerns about the reliability of technical assessments, the transparency of planning decisions and the protection of ecologically sensitive terrain.

More Than 950,000 Square Metres Reclassified for Residential Use

The scale of the controversy extends well beyond a single village. According to figures cited in the debate, more than 950,000 square metres of land in Goa has been converted to residential use under Section 39A. The affected areas include agricultural plots, orchards and portions of hills previously regarded as restricted or environmentally sensitive.

The provision allows individuals and companies to seek changes to land classifications specified in the state’s regional plan, subject to the prescribed process and fees. Applications are examined by the Town and Country Planning Board. Following preliminary approval, a notification is published in the Official Gazette, inviting public objections and suggestions for 30 days before a final decision is taken.

However, campaigners and urban-planning professionals argue that the existence of a formal objection process does not necessarily guarantee meaningful public participation.

Architect and urban planner Tahir Noronha has highlighted the difficulties faced by rural residents who travel considerable distances to file objections, only to be told that their submissions do not contain sufficient details. Activists say such procedural barriers can weaken the ability of ordinary citizens to challenge decisions that may permanently alter their surroundings.

‘Enough Is Enough’ Campaign Intensifies Pressure on the Government

Opposition to Section 39A has gained momentum through the Enough Is Enough campaign, which seeks to halt what protesters describe as the unchecked conversion of Goa’s countryside into construction zones.

Campaigners argue that temporary restrictions in selected constituencies or verbal assurances from political leaders cannot address a statewide problem.

Goa Revolutionaries Party MLA Viresh Borkar undertook a hunger strike from February 21 to 26, demanding the complete withdrawal of the provision. On February 23, hundreds of protesters gathered outside the residence of Town and Country Planning Minister Vishwajit Rane.

On February 26, the government agreed to suspend the use of Section 39A in Borkar’s St. Andre constituency. Subsequently, on March 25, Chief Minister Pramod Sawant announced a halt to land notified for reclassification under the provision in his own constituency of Sanquelim.

Protesters, however, consider these measures limited in scope and temporary in nature. They want the restrictions extended across Goa and the legal provision itself repealed.

Former Allahabad High Court Chief Justice Ferdino Rebello has advocated comprehensive legislation to protect agricultural land. Senior Bombay High Court advocate Noronha Alvares has also questioned the legal position of constituency-specific suspensions, arguing that land-use planning should be guided by professional expertise and the wider public interest rather than the individual preferences of landowners.

Second-Home Demand Adds Fuel to Goa’s Property Market

The growing appetite for second homes among buyers from metropolitan centres such as Delhi, Mumbai and Bengaluru is considered an important factor behind Goa’s real estate expansion.

Luxury apartments, gated communities and holiday homes have become increasingly prominent in the property market as buyers seek residences for leisure, investment and extended stays.

According to a report by real estate consultancy Savills India cited in the debate, the government has received more than 1,346 applications seeking changes to land classification under Section 39A.

Senior journalist Sandesh Prabhudesai has argued that some properties promoted as residential developments may ultimately be used to accommodate tourists. He believes that such projects should not automatically be treated as solutions to local housing needs, particularly when their marketing emphasises luxury accommodation and holiday stays.

The regulation of tourism-related accommodation has also come under scrutiny. Citing a 2020 KPMG report, Prabhudesai has pointed to concerns that numerous hotels, flats and holiday homes accommodating tourists were not registered with the state’s tourism department.

This raises questions about whether the expansion of real estate is being adequately monitored alongside tourism activity, and whether planning decisions fully account for the additional pressure that visitor accommodation can place on infrastructure and local resources.

Unplanned Urbanisation Raises Concerns Over Water Security

The implications of land conversion extend beyond the loss of agricultural fields and scenic landscapes. Environmentalists and researchers have also raised concerns about the impact of construction on groundwater recharge, rainwater drainage and local ecosystems.

A study by researchers at the Indian Institute of Science found that Goa’s built-up area expanded from 22.2 square kilometres in 1973 to 180.94 square kilometres in 2022, representing an increase of approximately eightfold.

The research associated dispersed urban development and declining native vegetation cover with changes in local hydrological processes. When natural vegetation and permeable land surfaces disappear, rainwater can run off more rapidly, potentially reducing the amount of water absorbed into the ground and affecting natural storage systems.

The consequences may include greater pressure on drainage infrastructure, changes in groundwater replenishment and increased vulnerability to local flooding, depending on site conditions.

Several village panchayats have therefore called for carrying-capacity assessments before large-scale land reclassification is permitted. Such studies could establish whether particular areas can accommodate additional residents, buildings and infrastructure without placing excessive strain on water supplies, drainage systems and the surrounding environment.

Government Defends Section 39A as a Planning-Correction Mechanism

The Goa government has defended Section 39A as a mechanism for addressing errors and inconsistencies in the regional plan.

Town and Country Planning Minister Vishwajit Rane told the state Assembly that changes had affected only 0.2 per cent of the regional plan. He also maintained that preliminary approval should not be mistaken for final permission and that a scrutiny committee would ensure compliance with the applicable legal requirements before a final decision was made.

However, the Assembly session was adjourned on March 16 before a detailed discussion on the issue could take place, despite opposition legislators seeking a debate. Campaigners criticised the lack of extensive legislative scrutiny, arguing that decisions capable of permanently changing land use deserve greater public examination and accountability.

Questions have also been raised about potential conflicts of interest involving political officeholders and real estate interests.

According to reports cited in the controversy, Vishwajit Rane is listed as a director of Karapur Estates, a real estate firm that had previously applied for a land-classification change in Bicholim village. Prabhudesai has also referred to 30 former and serving legislators who allegedly applied for land reclassification under Section 39A or earlier provisions.

These claims have intensified calls for greater transparency, independent scrutiny and clear safeguards against conflicts of interest in the planning process.

A History of Controversial Land-Planning Decisions

Goa was among India’s earliest states to prepare a regional plan, introducing its first such plan in 1986. The exercise was intended to establish a long-term framework for development by identifying residential areas, economic zones, agricultural land, orchards and areas where development should be restricted.

Under the Regional Plan 2021, approximately 22 per cent of the state’s total land area was designated for residential settlements.

Yet the state’s planning history has repeatedly been marked by disputes over how much land should be opened up for construction.

The 2011 regional plan faced widespread opposition over allegations that excessive land had been earmarked for residential use, eventually leading to its cancellation. During the preparation of Regional Plan 2021, authorities attempted to encourage greater public participation through village-level discussions on maps and surveys.

Nevertheless, subsequent legal amendments introduced additional routes for changing land classifications.

In 2018, Section 16B was added to the Town and Country Planning Act, allowing landowners to apply for changes to the regional classification of specific plots. The Bombay High Court subsequently stayed the provision following public-interest litigation.

In 2022, Section 17(2) created another mechanism for changing land classifications in the name of correcting alleged errors in the regional plan. In March 2025, the Bombay High Court restricted the executive powers available under this provision, warning of the potential for arbitrary and uncontrolled changes in land use. The state government has challenged that decision before the Supreme Court.

Before judicial intervention, approximately 2.5 million square metres of land had reportedly been converted under Section 17(2).

Section 39A was introduced in 2024 as another legal route for seeking changes to land classification. Critics argue that although it provides a 30-day period for public objections, the procedure does not adequately ensure that local concerns influence the final outcome.

The recurring disputes have reinforced demands for a consistent, transparent and scientifically grounded framework for regional planning.

Traditional Land Rights and Agricultural Communities at Risk

Goa’s distinctive landownership traditions add another layer of complexity to the debate.

In several villages, community and agricultural lands are managed through Comunidades, traditional village institutions whose historical roots date back to the Portuguese period. These institutions have traditionally administered land, including agricultural plots leased for cultivation.

Disputes over land rights have also drawn attention to declarations and agreements under which some landholders and tenants reportedly agree to relinquish certain claims in exchange for stipulated payments. Critics argue that such arrangements can potentially make it easier to sell land to developers or change its intended use.

Ajay Colangutkar, a former sarpanch of Parseem village, has expressed concern that traditional land is being reclassified with limited public awareness before being sold to developers. He argues that rural communities do not want uncontrolled tourism and construction to expand at the expense of their ancestral and agricultural landscapes.

To address these concerns, Justice Ferdino Rebello has proposed an integrated land-protection law. The proposal would broaden the definition of agricultural land, restrict non-agricultural use and regulate the sale and transfer of farmland.

Among the suggested measures is a restriction on the transfer of agricultural land to farmers or people who have lived in Goa for at least 30 years.

Rebello has argued that any comprehensive framework should incorporate the principles of sustainable development, precaution, the polluter-pays principle and the protection of future generations.

Supporters of stronger safeguards believe that such measures could help prevent irreversible changes to the state’s agricultural base while recognising the importance of responsible development.

Scientific Planning Seen as the Way Forward

Solano da Silva, an assistant professor at BITS Pilani, Goa, has emphasised that the need to correct errors in regional planning cannot be dismissed. However, he argues that any changes must be based on reliable scientific data and environmental considerations.

He has drawn attention to gaps in land records and maps relating to khazan lands, leased properties and forest areas. Khazan lands are traditional coastal agricultural landscapes associated with tidal water management and are particularly important to Goa’s rural and ecological heritage.

Da Silva has suggested that reports prepared by departments dealing with agriculture, the environment and climate change, along with soil-erosion atlases and wetland maps, could strengthen future planning decisions.

Such information could help authorities identify areas where construction is unsuitable, determine the environmental limits of individual locations and assess the cumulative impact of multiple development projects.

Experts and campaigners increasingly argue that planning decisions should not rely exclusively on individual applications or the potential revenue generated by development. Instead, they should account for ecological sensitivity, water availability, agricultural productivity, infrastructure capacity and the long-term needs of local communities.

Goa at a Crossroads Between Real Estate Growth and Environmental Protection

The controversy over Section 39A reflects a larger challenge facing Goa as tourism, property investment and urban expansion continue to reshape its landscape.

The state must determine how to accommodate economic activity without placing its agricultural heritage, hills, water resources and traditional communities under unsustainable pressure.

For protesters, the issue is not opposition to all development. Their central demand is that development should be planned transparently, supported by scientific assessments and subject to meaningful public participation.

They insist that land-use decisions must consider more than construction potential or immediate commercial returns. The protection of farmland, environmental balance, community rights and the interests of future generations must also form an integral part of the decision-making process.

As the campaign against Section 39A gathers momentum, the debate is increasingly becoming a test of Goa’s approach to sustainable development: whether the state can pursue economic growth while preserving the natural and cultural assets that make it distinctive.

(SDNA) — The future of Goa’s landscape may ultimately depend on whether its land-use policies place long-term public interest and environmental security on equal footing with real estate expansion.