MAPUSA
The High Court of Bombay at Goa on Monday refused to grant an interim stay on the auction of plots belonging to the Serula comunidade, scheduled for August 12.
However, the court ruled that any sale conducted will remain subject to the outcome of a pending petition challenging the auction process.
Petitioners Mahesh Mahambrey and Dilip Mahambrey, both components of the Serula comunidade, had approached the court questioning the legality and fairness of the auction notices.
They argued that several applicants were ineligible under existing rules. Allegations included that one applicant is allegedly a Nepali citizen, while another is not landless, with his wife already owning a flat.
Similarly, another applicant is said to have access to property registered in her mother’s name.
The petitioners further contended that the auction must be conducted in a truly “open” manner to attract the maximum number of bidders and secure the best revenue for the comunidade.
Senior Advocate Carlos Ferreira, appearing for the petitioners, submitted that conditions in the auction notice – particularly Condition No 2, which requires an affidavit declaring the bidder and their spouse or family members as landless and Condition No 3, which mandates a certificate from the “concerned comunidade” – were vague, contrary to Section 334 of the Code, and restrictive. He argued these clauses could stifle competition and were designed to rig the process.
Representing the comunidade, Advocate Y V Nadkarni defended the auction procedure, stating that the practice had been in place for years and was consistent with established norms.
After hearing both sides, the Division Bench observed that the matter raised larger issues warranting detailed examination.
The court issued a notice to the respondents, returnable on September 10.
Given that the petition was filed on the eve of the scheduled auction, the Bench declined to halt the proceedings at this stage.
Nonetheless, it made clear that any transaction resulting from the August 12 auction will be subject to the court’s final decision in the matter.
