The lease of land by a Communidade to an educational institution without auction is valid when backed by majority consent and proper adherence to statutory procedures.

JUDGMENT :

Bharati Dangre, J.

1.The Petition filed by the Gaunkares of Communidade of Tivim, Bardez, Goa, raise questions of significant importance involving the consequences affecting Communidades across Goa in relation to the permissibility of grant of its land without auction under Article 334 A of the CODE OF COMMUNIDADE , 1961.

2. We have heard learned Senior Counsel Mr. Carlos Ferreira for the Petitioner with Mr. Dhaval Zaveri. The Petition and the claim therein is contested by the Respondents through Mr. Devidas Pangam, the learned Advocate General representing Respondent nos. 2 to 6 and 12 to 15, whereas the Respondent no. 1, the allottee of the land, Maharashtra Academy of Engineering and Educational Research's MIT Group of Institutions, Pune, (MAEER MIT Group of Institutions, Pune) is represented by Mr. Ravi Bhardwaj with Ms. Vrushali Maindad. The Communidade of Tivim is represented before us by Mr. Parag Rao, whereas Respondent nos. 8 to 10 are represented by Mr. Yogesh Nadkarni, along with Ms. Simran Khadilkar and Respondent no. 11, the Escrivao (Clerk) of Communidade of Tivim is represented by Ms.Vilisha Shivolkar.

On the pleadings being completed, we have heard the Petition finally by consent of the parties, hence 'Rule'. Rule is made returnable forthwith.

3. Before we analyse the counter submission in the wake of the questions for determination raised by Mr. Ferreira in the Petition, we deem it appropriate to refer to the factual background involved in the wake of which the questions falling for our determination deserve consideration.

The Petitioners are Gaunkares of Communidade of Tivim and they claim to be adversely affected by the illegal grant of land of an area of 2,00,000.00 (Two lakhs) square metres bearing survey no. 88/1 (P) of Plot 'B' of Tivim Village, belonging to the Communidade i.e. Respondent no. 7. Being the components of the Communidade, the Petitioners allege that the decision to grant land in favour of Respondent no. 1 is contrary to law and secondly it is to the detriment to the components of the Communidade, which include the Petitioners and that is how the locus of the Petitioners in filing the present Petition is justified.

4. The Goa Private Universities Act , 2020, was enacted by the State Legislature to provide for establishment and incorporation of private institutions in the State of Goa for imparting quality and industry relevant higher education and to regulate their functions. The Act set out the conditions for establishment of a University along with the process to be adopted for consideration of such proposal to permit establishment of a University/an institution/college.

Pursuant to the said enactment being brought in force, MAEER MIT Group of Institutions, Pune, (Respondent no. 1) through its Managing Trustee and Executive President, preferred an application to the Directorate of Higher Education in form of 'Application for establishing a private university, under Goa Self Finance Universities (Establishment and Regulations), Act, 2020’, highlighting that the MAEER MIT Group of Institutions, Pune, a registered trust established in the year 1983 has long and outstanding experience in the field of professional education, particularly in the field of engineering, medical sciences and allied research activities.

Being committed to the cause i.e. to create and develop a state of the art facility in the field of professional education and to meet the challenges of the most advanced scientific and innovative technological developments, the management submitted its proposal for securing permission to start a private university in Goa, with an object to improve upon the quality of education in a big way and achieve excellence in the area of education and assure the Government of Goa that it shall certainly fulfil and comply with the necessary conditions and every requirement for 'establishment of private university’ in the State of Goa and develop it as a world class university in the State.