Court asks Serula Comunidade to pay for exercise
PANAJI
The Serula Comunidade assured the Bombay High Court at Goa that it would use the services of the Directorate of Settlement and Land Records (DSLR) to survey the number and land encroachments on its lands.
The High Court was hearing a petition filed by the Serula Comunidade, which had approached the High Court alleging that despite asking the Administrator of Comunidades to act against illegal constructions, the administrator was refusing to act.
The Advocate General told the Court that before any action is taken, a detailed survey is necessary to ascertain the status of alleged encroachments.
He said that the Comunidade was informed that it should undertake such a survey so that the Administrator would be in a position to take effective action under Articles 371 and 372 of the Code if found necessary.
The Comunidade instead told the Court that such a survey would involve expertise available with the Directorate of Settlement and Land Records, Government of Goa, at Panaji.
He submits that if any payments have to be made for this Directorate to undertake the survey, the petitioner Communidade will make such payments.
When the comunidade was informed that the DSLR was willing to conduct the survey, the comunidade told the Court the Communidade will bear the necessary charges for the survey work at the rates.
“The Communidade will deposit with the Directorate of Survey and Land Records an amount of Rs 1 lakh within 15 days from today. We direct the Directorate of Survey and Land Records to depute competent Surveyors to carry out the survey to determine the status of encroachments, if any, on this Communidade land and to file detailed report/reports to the Administrator of Communidade,” the High Court ruled.
Reports can be made in stages or in part so that the Administrator can proceed with the action under Articles 371 and 372 and the Goa Land (Prohibition on Construction) Act, 1995 in stages. The Administrator of Communidade must act based upon the petitioner’s complaints read with such reports and take action under Articles 371 and 372 of the Code of Communidade and under the Goa Land (Prohibition on Construction) Act, 1995,” The High Court said.
“The Directorate of Survey and Land Records must endeavor to complete the survey exercise within eight months, and the Administrator must dispose of the complaints within four months from the receipt of the report/reports,” the High Court bench of Justices M S Sonak and Bharat Deshpande ruled.
