Case Note & Summary
The petitioner, Shri Arvind G. Shirodkar, filed a writ petition before the Bombay High Court at Goa challenging an order dated 09.01.2014 passed by the Administrator of Communidades, North Zone, rejecting his application for grant of a plot of land for construction of a house without auction. The petitioner contended that his application was processed and he complied with all necessary formalities, including submitting a salary certificate and affidavit showing he held no land or house within 8 kilometers. He alleged that the rejection was illegal and arbitrary, motivated by his prior complaints against illegalities in allotment of plots by the Communidade of Serula. The petitioner had earlier approached the court in Writ Petition No. 681 of 2012 seeking directions for consideration of his application. The respondents, including the State of Goa, Collector, Administrator, and Communidade of Serula, opposed the petition. The court heard arguments from Mr. Vithal Naik for the petitioner and Mr. Pravin Faldessai for the State. The court examined the facts and submissions, noting that the petitioner's application was kept pending and eventually rejected. The court found that the petitioner failed to establish a legal right to the plot without auction, as per the rules governing Communidade land grants. The court held that the impugned order did not suffer from any illegality or procedural impropriety warranting interference under writ jurisdiction. Consequently, the court dismissed the petition, upholding the rejection of the land grant application.
Headnote
A) Communidade Land - Grant of Plot - Auction Requirement - The petitioner challenged the rejection of his application for grant of a plot without auction, claiming compliance with formalities. The court examined the rules governing Communidade land grants and held that the rejection was not arbitrary as the petitioner failed to establish a legal right to the plot without auction. (Paras 1-10) B) Writ Jurisdiction - Judicial Review - Administrative Decision - The court considered whether the impugned order suffered from any illegality or procedural impropriety. It held that the decision of the Administrator to reject the application was based on valid considerations and did not warrant interference under writ jurisdiction. (Paras 11-20)
Issue of Consideration
Whether the rejection of the petitioner's application for grant of a plot of land without auction was illegal and arbitrary.
Final Decision
The petition is dismissed. The impugned order dated 09.01.2014 is upheld.
Law Points
- Communidade land grant
- auction requirement
- arbitrary rejection
- compliance with formalities
- pending application
- writ jurisdiction
