PANAJI
Based on the petition, the Bombay High Court at Goa has issued notices to the State Government and other respondents. The Court posted the matter for admission and interim relief on November 14, 2017.
Deputy Collector of Dharbandora who was the consensus candidate for the High Court-appointed inquiry, came to the conclusion after hearing the matter over five months that "the land in question was not vested with the tenants as on the date when the Goa Land Act came into force."
Fernandes was tasked with re-examining whether the lands in which Leading Hotels had obtained tenancy free certificates were indeed tenanted. In its judgement on March this year, the HC had directed the Dy. Collector of Dharbandora, Shri Agnelo Fernandes, to hear the Leading Hotels and the various parties to the dispute and submit a report on the tenancy status of the lands as of 2.11.1990, which is the date of the coming into force of the Goa Land Use Act, 1991.
The Goa Foundation claims that the Deputy Collector rejected the voluminous record of tenancy placed before him on grounds that he was bound by the decisions of several civil courts and mamlatdars which had held that the tenants' names on the Forms I & XIV were in the nature of "erroneous entries" and therefore could be deleted from the records.
On the issue of whether the lands were tenanted, the deputy collector's report said that the tenants could not substantiate their claims through any means including oral submissions.
"Respondents have not produced any document or evidence to establish their tenancy apart from Form I & XIV entry and pre-promulgation records and therefore, there is reason to believe that the respondents admitted the claim of the applicant knowing fully well that they don't have any documents to establish tenancy," Fernandes ruled.
"Apart from the fact the necessary details of date of creation of tenancy and other aspects are not specified in the reply, least that was expected of respondents who are claiming oral tenancy is that they would step in the witness box to prove oral tenancy or at least attempt to prove it. This is a vital circumstance in the case and according to me, it was incumbent upon the respondents to step in the witness box in support of their claim of oral tenancy," Fernandes said pointing out that former landlord Kashinath Khalap stepped in the witness box and has denied any tenancy creation.
The Foundation has argued that it cannot intervene in proceedings between landlords and tenants. However, it is convinced that the agricultural lands of Tiracol cannot be converted into a golf course of the Leading Hotels. If this is permitted, the entire Agricultural Tenancy Act and the Goa Land Use Act would become nullified.
The PIL has asked for setting aside of the Inquiry Officer's report, and for fresh inquiry or any other alternative mechanism to conduct the Inquiry.
