MAPUSA
A group of gauncars from Tivim has filed a Public Interest Litigation (PIL) before the High Court of Bombay at Goa, challenging the government's decision to grant over 2 lakh square metres of Comunidade land to Pune-based MIT Group of Institutions.
The petition alleges serious irregularities, including fraud, manipulation of records and illegal bypassing of established procedures under the Code of Comunidades.
The petitioners – Douglas Sequeira, Godfrey D’Lima and six other gauncars – have accused the managing committee of the Tivim Comunidade, along with the government and the escrivão (clerk), of colluding to lease prime Comunidade land at an exceptionally low rate of Rs 12.50 per square metre, which they say is far below the market value estimated at Rs 10,000 per square metre.
FRAUD ALLEGATIONS
At the heart of the petition are claims that the General Body resolution passed on February 25, 2024, which purportedly authorised the lease of land to MIT Group of Institutions, was falsified.
The petitioners contend that the typed resolution submitted to authorities and the university differs significantly from the handwritten minutes, which, they argue, never contained the key authorisations being claimed.
“The typed version included insertions that were neither presented before nor approved by the General Body. This indicates clear manipulation of official records, constituting fraud and forgery,” the petition states.
In what the petitioners describe as an unprecedented move in the history of Goa's Comunidades, both the General Body and Managing Committee resolutions were forwarded to MIT Group by the escrivão on March 3, 2024 – barely a week after the General Body meeting.
The university then submitted these documents to the Sub-Registrar of Bardez to register the lease deed.
CODE VIOLATION
According to the petition, the entire lease process violated Article 334-A of the Code of Comunidades, which mandates a government-framed scheme and a no-objection certificate (NOC) for such land grants. The petitioners argue that neither requirement was fulfilled.
They further contend that the MIT Group never formally requested the land at a concessional rate, nor was the proposed lease rate disclosed in the meeting agenda or discussed during the General Body.
The lease, they allege, was pushed through by manipulating records and misleading authorities.
QUESTIONS ON GOVERNANCE
“This is a blatant misuse of power and betrayal of Comunidade interests. The managing committee and escrivão have bypassed legal safeguards and the government turned a blind eye to the irregularities,” said one of the petitioners, requesting anonymity.
The case raises broader concerns about transparency, accountability and the protection of Comunidade land – issues that have come under increased scrutiny in recent years as large institutions and developers show growing interest in Goa’s traditional landholding bodies.
The High Court is expected to hear the matter in the coming weeks.
Demand for cancellation, legal action
The petitioners are seeking multiple remedies from the High Court, including: Quashing the government’s approval of the land grant without auction, annulment of the General Body resolution authorising the lease, cancellation of the lease deed executed between the Director of Higher Education and MIT Group of Institutions, restoration of the land to the Tivim Comunidade and revocation of mutation and partition of the property linked to the lease.
Additionally, the petitioners have requested an interim order restraining MIT from undertaking any development or altering the nature of the land until the case is resolved.
