U.V. Bakre, J.

A letter dated 31/08/1999 was received from the petitioner of Writ Petition No. 168/2000. By this letter, the petitioner brought to the attention of this Court the alleged illegalities committed by respondents no. 7 and 8 by purchasing a large number of paddy fields at Goa Velha bearing survey nos. 14/1 to 14/35 and by illegally converting them into developed plots for sale. It was alleged that he had complained to the village Panchayat of St. Andre, Collector of North Goa, Directorate of Health Services, Directorate of Panchayats, Block development office and Town and Country Planning Department. It was also alleged that the said activities damaged the paddy fields and caused ecological imbalance inter alia, by the land being filled up with mud, which in turn, obstructed the free flow of water, resulting in floods and losses to the farmers and tenants. The petitioner further alleged that his complaints to the authorities remained unanswered and, in fact, the Town and County Planning Department gave approvals to the agricultural fields/lands for being subdivided to enable the construction of houses.

2. By order dated 14/06/2000, this Court directed that the said letter be treated as “PIL petition”. It was noted that a similar type of petition being Writ Petition No. 71 of 2000 had also been considered by this Court and was posted for hearing on 19/06/2000. The respondents no. 1 to 6 in Writ Petition No. 168/2000 are respectively the Directorate of Panchayats, Collector of North Goa, Secretary, Village Panchayat of St. Andre, Directorate of Health Services, Panaji, Chief Town Planner, Town and Country Planning Department, Panaji and Block Development Officer, Panaji. The respondent no.9 is the Town and Country Planning Board. The respondents No. 7, 8 and 10 to 40 are all individuals. The Respondents no. 10 to 40 were impleaded subsequently pursuant to an Order dated 05/06/2007 passed on an application of the learned Amicus Curiae.

3. Mr. Mahesh Sonak, learned Counsel, was requested by the previous Division Bench to appear as Amicus Curiae in this petition. Before proceeding further, we would like to express appreciation to the learned Amicus Curiae for his assistance. Apart from taking us through the record, he has tendered detailed written synopsis and has invited our attention to relevant orders and judgments.

4. An Order dated 26/06/2000 was passed in the Writ Petition No. 168/2000 and in the said connected Writ Petition no. 71 of 2000, reported in 2000(2) Goa L.T. 81. Paragraph 3 of the said order is relevant and it reads as under:

"3. We find from the averments that the acts of change in use of land unless they are bonafide, are a fraud on the Act. Once the Act is in force until the law is amended, no land covered by the provisions of the Goa, Daman and Diu Agricultural Tenancy Act can be used for any purpose other than agriculture. The issue involved raises important issues for consideration. In the light of that, we are compelled to issue the following directions:-

(1) All the Collectors and Sub-Divisional Officers authorised to grant conversion certificates of land from agricultural to nay other purposes in both the Districts will direct the stay of all constructions wherein as on the date when the Act came into force, i.e. 2nd November, 1990, Form I and XIV index of survey records showed the name of the tenant in the column of tenants.

(2) The Sub-Divisional Officers in the Districts with the assistance of the Mamlatdar of the Taluka will review all such cases of land conversion as and from 2nd November, 1990. In preparing the reports, they will call for the reports from the Talathis/Aval Karkuns of the respective areas where such land has been converted. The report to be called amongst other information will be whether before 2nd November, 1990, there were proceedings either by the landlord or tenant before the Authorities under the Tenancy Act. Secondly, the crop production records of such lands