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2010 Supreme(Bom) 1100

A.S.OKA
Pilerne Citizens Forum – Appellant
Versus
State of Goa – Respondent


Advocates Appeared:
Mr. A. N. S. NADKARNI, Sr. Adv. with Mr. RYAN MENEZES, Advocate for the Petitioner.
Mr. S. S. KANT AK, Advocate General with Mr. P.
TALA ULlKAR, Additional Government Advocate for the Respondent Nos.1, 5 and 6.
Mr. M. B. D'COST A, Sr. Adv. with Mr. P. A.
KAMA T, Advocate for the Respondent No.4.
Mr. S. G. ANEY, Sr. Adv. with Mr. M. S. JOSHI, Advocate for the Respondent Nos.18 and 19.
Mr. J. P. MULGAONKAR, Advocate for the Respondent Nos.7 to 12.
Mr. A. D. BHOBE, Advocate for the Respondent No.25.
Mr. V. A. LAWANDE, Advocate for the Respondent No.21.

JUDGMENT

A. S. OKA, J.:- The issues involved in these two petitions are common and hence the same are taken up together for the final hearing. The Suo Motu Writ Petition No.l/2008 is on the basis of a newspaper report. The newspaper report was published in daily 'Herald'. The newspaper report was regarding the alleged illegal sale of the land held by Communidade of Pi1erne (hereinafter referred to as 'the said Communidade') to builders after entering into compromise with builders. The Writ Petition No.294/2008 is filed in public interest challenging the alienation made by the said Communidade. The contention in short is that in breach of mandatory provisions of the Goa, Daman and Diu Agricultural Tenancy Act, 1964 (hereinafter referred to as 'the Tenancy Act') large tracts of land held by the said Communidade have been sold to builders after entering into settlement with the alleged tenants. It is alleged that Section 2 of the Goa Land Use (Regulation) Act, 1991 (hereinafter referred to as 'the Land Use Act') which prevents the use of agricultural land vesting in a tenant under the provisions of the Tenancy Act for any other purpose than the agriculture has been completely defeated.



























































































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