the goan I network
PANAJI
The Bombay High Court at Goa allowed the petition filed by the St Anthony’s Tenants and Mundkars Association (SATMA) along with Goa Foundation challenging permissions and conversion sanads granted to M/s Leading Hotels Ltd to construct a golf course in Tiracol, by keeping ‘in abeyance’ the NOC granted by the Town and Country Planning Department as well as the conversion sanad issued by the North Goa Collector and calling for a re-examination of the Tenancy Free Certificates issued in respect of the lands.
The Court has however, not acceded to the demand of the Goa Foundation and the SATMA, petitioners who had sought the the quashing of the sale deed of the land between the Khalap family and Leading Hotels, the quashing of the TCP Department NOC and the conversion sanad which were among the prayers of the petition. Curiously however, the contentious issue of whether the land is tenanted is yet to be resolved with the Court ruling that it was not the appropriate forum to decide whether the lands were tenanted or not. The decision now lies with the deputy collector appointed to decide on the matter.
The High Court in its final judgement in a case filed back in 2014 has instead directed that Agnelo A Fernandes, Deputy Collector of Dharbandora, shall proceed to hold an inquiry within five months to examine
whether as on the date the Goa Land Use Act came into force, the land vested in the tenants in terms of the Agricultural Tenancy Act.
“The issue of tenancy and the validity of the sale deeds cannot be examined in the present Public Interest Petition.
Such a disputed question of fact cannot be decided in a Petition under Article 226 of the Constitution of India,” the court ruled.
“In case the tenancies are established, no doubt, the disputed sale deeds would have no legal effect as such sales are clearly barred and, in any event, would be by person non domino,” the court ruled while refusing to quash the sale deed.
Attention now turns to the Deputy Collector Agnelo Fernandes who is expected to hear rival contentions in Mapusa.
“The obligation of the Deputy Collector… is to examine whether as on the date the Goa Land
Use Act came into force, the land vested in the tenants in terms of the Agricultural Tenancy Act.
Merely on the basis of concession or orders which are alleged to be vitiated, cannot be the sole basis to be considered by the learned Deputy Collector whilst issuing such Tenancy Free Certificates,” the High Court ruled.
“The concerned parties would have to produce cogent evidence to establish their respective claims and the learned Deputy Collector would have to consider upon inquiry whether in fact the land had vested in a tenant as on the date the Goa Land Use Act came into force,” the High Court said.
The Goa Foundation, while claiming that it held no brief for individual tenants or their private interests, alleged that there was a systematic attempt to bypass the Goa Land Use Act which prohibits the conversion of tenanted agricultural land for non agricultural use.
Adv Norma Alvares claimed that the original owners have indulged upon an illegal expedition to circumvent the provisions
of the Agricultural Tenancy Act and the Goa Land Use Act to fraudulently claim that the subject properties are not tenanted.”
