Goa Gazette, No. 2223-50, 16 March 2023

Reg. No. RNP/GOA/32/2021-2023

RNI No. GOAENG/2002/6410

Panaji, 16th March, 2023 (Phalguna 25, 1944) SERIES I No. 50 PUBLISHED BY AUTHORITY

SUPPLEMENT

GOVERNMENT OF GOA

Department of Town & Country Planning

_____

Notification

21/2/TCP/GRLDBC/2023/475

In exercise of the powers conferred by section 8 read with sub-section (3) of section 4 of the Goa (Regulation of Land Development and Building Construction) Act, 2008 (Goa Act 6 of 2008) and all other powers enabling it in this behalf, the Government of Goa hereby makes the following Rules, namely:—

1. Short title and commencement.— (1) These rules may be called the Goa (Regulation of Land Development and Building Construction) Relaxation Rules, 2023.

(2) They shall come into force at once.

2. Definitions.— (1) In these rules, unless

the context otherwise requires,—

(a) "affordable housing project" means housing project using at least 60 percent of FAR for dwelling units of carpet area not more than 60 sq. mts.

(b) "Act" means the Goa (Regulation of Land Development and Building Construction) Act, 2008 (Goa Act 6 of 2008);

(c) "Government" means the Government of

Goa;

(d) "setback" means setback as defined in clause (122) of regulation 2 of the Regulations.

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

3. Extent to which Regulations can be relaxed.— The Government may relax the Regulations for implementation of Government policies including land development for inclusive housing and affordable housing to the extent of,—

(i) in new plotted developments, schemes proposed in properties having an area of 1 lakh sq. mts. and more, minimum size of plots may be relaxed to not less than 100 m2 in respect of not more than 70% of plots and minimum plot size of remaining plots may be relaxed upto not less than 150 m2 provided that the construction in these plots is limited to G+ 1 upper storey only. Frontage of these plots may be relaxed upto 10 mts. and side setbacks in respect of these plots may be relaxed upto 1.5 mts. In such development, common parking area shall be separately earmarked within the open space to the extent not exceeding 20% of its area in organized manner, and/ or in separate earmarked area at the rate of one Equivalent Car Parking Space (ECS) for every plot;

(ii) in case of affordable housing projects, area of all categories of rooms may be relaxed by 20% of the standards specified1687 Suggestions are welcomed on e-mail: dir–[email protected] OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 50 (SUPPLEMENT) 16TH MARCH, 2023 in the Regulations except the constructions where relaxation towards the same is already specified in the Regulations.

(iii) in case of plot affected by road widening area, which render construction unfeasible by maintaining front and rear setbacks, relaxation may be considered to rear setback to not less then 1.5 mts. for buildings upto G+1 storeys, provided further that, in no case, such relaxation shall be availed if construction is otherwise feasible with building having linear dimensions upto 9.0 mts., perpendicular to the road.

(iv) in order to make an existing housing project or any building complex inclusive for people with disabilities and for senior citizens, facilities like lifts, ramps for wheel chair and allied facilities may be permitted by relaxing the setback, Coverage/FAR restrictions.

4. Request for relaxation.— Any request made for availing relaxation to the extent as specified in rule 3 above shall be processed by the Chief Town Planner (Planning) for obtaining decision of the Government.

By order and in the name of the Governor

of Goa.

James Mathew, Chief Town Planner (Administration) & ex officio Joint Secretary.

Panaji, 15th March, 2023.

_____

Notification

21/1/TCP/GTCPACT/2023/882

In exercise of the powers conferred by sub-section (2) of section 17 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:—

1. Short title and commencement.— (1) These rules may be called the Goa (Town and Country Planning alteration/modification in Regional Plan for rectification of inadvertent errors and correction of inconsistent/ /incoherent zoning proposals) Rules, 2023.

(2) They shall come into force on the date of

their publication in the Official Gazette.

2. Definitions.— (1) In these rules, unless the

context otherwise requires,-

(a) "Act" means the Goa Town and

Country Planning Act (Act 21 of 1975);

(b) "Form" means a form appended to

these rules;

(c) "Government" means the Government of

Goa;

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

(e) "Regulations" means the Goa Land Development and Building Construction Regulations, 2010 as amended from time to time.

(f) "registered professional" means and includes Architect registered by Council of Architecture or Engineer/Structural Engineer, Town Planner and Urban Designer, registered under the Regulation;

(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.

3. Procedure for alteration/modification to Regional Plan.— (1) The Chief Town Planner upon direction of the Government under sub- section (2) of section 17 or an application made by any person for rectification of inadvertent error and correction of inconsistent/incoherent zoning proposal in the Regional Plan, shall scrutinize the proposed rectification/correction as directed by the Government or requested by the applicant and submit report with detailed analysis including report from a registered professional and such other reports as may be necessary to the Government for decision.

(2) Upon decision of the Government under sub-rule (1), the Chief Town Planner (Planning) shall carr y out alternation/ modification to the regional plan only to the extent as specified in rule 5.

(3) An application referred in sub-rule (1)

shall be made to the Chief Town Planner

(Planning) in Form 'A' hereto along with the

fees as may be notified.

4. Consultation with external agencies.—

Before carr ying out any alternation or

modification to the Regional Plan, the Chief

Town Planner (Planning) may consult,—

(a) Public Works Department, in case of

major roads;

(b) Local Authority/body or Goa Waste

Management Corporation; in case of

playgrounds/open space or garbage

management site, as the case may be;

(c) Water Resources Department and

District Collector in case of disaster

management site.

(d) Directorate of Agriculture, in case area

of the property exceeds 5,000m2 and land

recorded as 'rice' in Form I & XIV/index of

land and is low lying paddy field under

cultivation.

(e) Forest Department in case area of the

property exceeds 10,000m2.

(f) such other authority as be deems

necessary.

5. Extent of alterations/modification.—The extent of alteration/modification in regional

plan shall be as specified in this Rules and as

per the guidelines approved by the

Government.

6. Notification of alteration or modification to Regional Plan.— Ever y alteration/

/modification effected in the regional plan shall

be notified by the Chief Town Planner in the

Official Gazette.

FORM 'A' [(See rule 3 (3)]

To, _______________________ _______________________ _______________________

From:__________________ _______________________ _______________________

Date: Place:

Signature of the Applicant Enclosed following documents:

i) Survey Plan.

ii) Form I & IV.

iii) Ownership documents.

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

By order and in the name of the Governor of Goa.

Rajesh J. Naik, Chief Town Planner (Planning) & ex officio Joint Secretary.

Panaji, 15th March, 2023.

_____

Notification

21/1/TCP/GTCPACT(PART)/897

In pursuance of sub-section (2) of section 17 of the Goa Town and Country Planning Act, 1974 (Act 21 of 1975) read with sub-rule (3) of rule 3 of the Goa (Town and Country Planning alteration/modification in the Regional Plan for rectification of inadvertent errors and correction of inconsistent/incoherent zoning proposals) Rules, 2023, the Government of Goa hereby notifies the processing fees and other fees as specified in the table below.

TABLE

(1)

(2)

(3)

(4)

(5)

Area of the land in Fee for processing Fee for correction of Fee for correction of Fee for correction of respect of which correc- of Application inconsistent/incoherent inconsistent/incoherent inconsistent/incoherent tion is proposed zoning provisions which zoning provisions which zoning provisions

amount to change of amount to change of which amount to change zone of land to settle- zone of land to Industrial of zone of land to Institu- ment zone or sub-zone zone, per sq. mtr. of land tional zone or any other settlement (Commercial), zone not specified in per sq. mtr. of land this Table, per sq. mtr. of

land

Upto 500 sq. mtrs. ` 5,000 Nil ` 100 ` 50 501 sq. mtrs. to ` 7,500 ` 50 ` 150 ` 50 1,000 sq. mtrs.

1,001 sq. mtrs. to ` 10,000 ` 75 ` 150 ` 50 2,000 sq. mtrs.

2,001 sq. mtrs. to ` 15,000 ` 100 ` 150 ` 50 5,000 sq. mtrs.

5,001 sq. mtrs. to ` 20,000 ` 125 ` 200 ` 100 10,000 sq. mtrs.

(1)

(2)

(3)

(4)

(5) 10,001 sq. mtrs. to ` 30,000 ` 150 ` 300 ` 100 20,000 sq. mtrs.

Above 20,000 sq. mtrs. ` 50,000 ` 200 ` 400 ` 150

This Notification shall come into force on the date of its publication in the Official Gazette.

By order and in the name of the Governor of Goa.

Rajesh J. Naik, Chief Town Planner (Planning) & ex officio Joint Secretary.

Panaji, 15th March, 2023.

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