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IN THE HIGH COURT OF BOMBAY AT GOA
Bharati Dangre, Ashish S.Chavan
Douglas Lawrence Sequeira, Son of Lawrence Sequeira – Appellant
Versus
Maharashtra Academy of Engineering and Educational Research’s MIT Group of Institutions – Respondent
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 Petit
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.
The court established that a Comunidade is not a public authority under the RTI Act, thus not subject to its obligations.
Compromises regarding tenancy rights must comply with the Agricultural Tenancy Act's provisions, ensuring tenant protections are not circumvented.
The provisions of the Goa, Daman and Diu Land Revenue Code regarding eviction of unauthorized occupants are valid, not repugnant to the Public Premises Act, and allow for summary procedures excluding....
The main legal point established in the judgment is the interpretation of Section 4 of the Agricultural Tenancy Act, which deems a person lawfully cultivating land to be a tenant, and the strict inte....
The Divisional Commissioner had the power to examine and cancel the transfer of land, and the petitioner-Society had no legal right to claim allotment of land based on the Trust's decision.
The court ruled that the petitioners lacked locus standi to challenge the government's redevelopment decision and failed to secure necessary consents from newly formed societies, thus dismissing the ....
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