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2013 Supreme(Bom) 461

BOMBAY HIGH COURT AT PANAJI, GOA
F.M. REIS AND U.V. BAKRE, JJ.
Pilerne Citizens Forum & another - Petitioners
Versus
State of Goa & others - Respondents
Writ Petition No. 228 of 2011
Decided on: 28th February, 2013

Advocates Appeared:
Mr. T.P. Pereira, Advocate for the petitioners; Mr. M. Salkar, Government Advocate for the respondents No. 1 to 3, 5, 6 and 18; Mr. Y. V. Nadkarni, with Mr. N. Noronha, Advocates for the respondent No. 4; Nr. Shivan Dessai, Advocate for the respondents No. 9, 10, 12(a), 12(b), 12(c), 13, 20 and 21; Mr. S. D. Padiyar, Advocate for the respondent No. 15; Mr. L. Raghunandan, Advocate for the respondent No. 16.

Headnote:Goa, Daman & Diu Agricultural Tenancy Act, 1964 - Section 2(13).

       Goa Land Use (Regulation) Act, 1991 - Code of Communidades - Constitution of India, Articles 226 and 227 - Writ petition - Challenging conversion sanads dated 15.9.2009, 30.9.2009 and 6.10.2009 granted by respondent-6 - -Contention that respondent-6 erred in granting conversion sanads as said property cannot be used for any other purpose than agriculture - Petition filed after gross delay/latches - Delay not satisfactorily explained - Third party rights already created in residential-cum- commcrcial complex constructed by respondent-14 in property in dispute - Allottees of plots granted by respondent-4; not parties to writ petition - Mutations in survey record carried out - Petitioners failed to prove their allegations as set out in petition by approaching competent forums or Courts - Petition devoid of merit - Dismissed.

       

JUDGMENT

U.V. Bakre, J.-By this Writ Petition filed under Articles 226 and 227 of the Constitution of India, the petitioners have sought following reliefs :

(A) This Hon'ble Court be pleased to issue appropriate writ, order or direction calling for the records of the case from the respondents and upon perusing the same, to quash and set aside the following :-

(i) Conversion sanads dated 15/09/2009, 30/9/2009 and 6/10/2009 at Annexure-"P" colly granted by the Office of Collector, North Goa in favour of Furtados' Writ Survey Nos. 53/1-A-1. 53/1-A-2 and 53/1-A of Village Reis Magos;

(ii) Plans approved by the Town and Country Planning a vide DB/19970/10/1497 dated 23/04/2010 at Annexure-"Q" colly in Sy. Nos. 53/1-A-1, 1-A and 1-A-2 of Village Reis Magos;

(iii) Construction License granted by Reis Magos Panchayat vide No. VP/RM/F-Const/4/10-11/204 dated 19/05/2010 at Annexure-"Q" colly granted in favour of M/s. Supreme Realtors in Sy. Nos. 53/1-A-1, 1-A, 1-A- 2 of village Panchayat Reis Magos;

(iv) Three Deeds of Sale dated 12/05/09, Deed of Sale dated 05/10/06, and Deed of Sale dated 31/03/08 and Deed of Sale dated 1/02/2007 at Annexure "M" Colly.

(v) Order dated 06/09/2004 passed by the Administrative Tribunal in Case No. 206/04 Settlement/Permission-Annexure "J";

(vi) Consent Decree dated 06/12/2004 passed by IInd Additional District Judge. North Goa at Panaji in Civil Suit No. 6/1978- Annexure "K":

(vii) Judgment, Order and Decree dated 08/12/2005 passed by the Civil Judge Junior Division, "F" Court at Mapusa in Regular Civil Suit No. 130/2005/F-Annexure "L".

(B) For a Writ of Mandamus or Writ in the nature of Mandamus or any other appropriate Writ. Order or Direction, directing the respondent Nos. 1, 2, 5 and 6 to treat this as a violation of Agricultural Tenancy Act. Goa Land use Registration Act and the Code of Communidade and to take appropriate action thereupon.

(C) For such other and further relief that this Hon'ble Court deems fit and proper.

2. The petitioner No. 1 is a society registered under the societies Registration Act whereas petitioner No.2 is the Gauncar of the respondent No. 4-communidade. The petition pertains to the properties bearing survey No. 53/1, admeasuring 20,000 square meters or thereabout of village Reis Magos, and survey No. 76/1, admeasuring 74.000 square meters or thereabout of village Pilerne. originally belonging to the respondent No.4. In the Form No. I and XIV of survey No. 76/1 of Pileme, the name of respondent No.4 has been recorded in the column of Occupant and the name of Dr. Albert Melo Furtado was recorded in the Tenant's column. The said Albert Melo Furtado is the predecessor-In-title of respondents No.9 to 14 and 19 to 21 collectively referred to as "Furtados". According to the petitioners at least upto the year 2004, only the name of respondent No. 4 was appearing in the occupant's column of survey No. 53/1 of Reis Magos but presently a certain other names also appear in the said column and there is no name in the tenant's column.

3. The petitioners have alleged that somewhere in the year 1978 or thereabouts, there was a proposal for allotment of portion of the property surveyed under Nos. 53/1 of Reis Magos and 76/1 of Pilerne in favour of Miss Ana J. Soares and some others by the respondent No.4. Dr. Alberto Melo Furtado instituted a Civil Suit No. 6/1978 in the Court of Additional District Judge-II. North Goa, at Panaji, in respect of the Cashew Garden bearing survey Nos. 53/1 of Reis Magos and 76/1 of Pileme, belonging to respondent No.4. claiming to be b tenant (deemed purchaser) of the same. Issues No. 2 and 3 framed in the said Suit related to the question whether or not. Dr. Alberto Melo Furtado was a tenant and consequently deemed purchaser of the said properties. By judgment and decree dated 3/6/1995, the Additional District Judge, Panaji dismissed the suit holding that the Civil Court had no jurisdiction. By order dated 25/3/1998, in First Appeal No. 55/1995, the learned Single Judge



































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