Case Note & Summary
This writ petition challenged an order dated 2/3/2009 issued by the State of Goa under Section 35 of the Goa, Daman and Diu, Land Revenue Code, 1968, which retrospectively exempted certain basalt/stone crusher units from the requirement of obtaining conversion sanads. The petitioner, a villagers' union from Sao Jose De Areal, contended that the order was issued to frustrate orders passed by the High Court in an earlier public interest litigation (Writ Petition No. 20/2008) concerning rampant illegal operation of stone crushers causing environmental degradation. In the earlier PIL, the Court had directed the Collector to take action under Sections 31 and 33 against units operating without conversion sanads. Shortly thereafter, the impugned order was issued. The petitioner argued that the order could not have been passed under Section 35 as it neither pertained to any land nor any class of land, but rather to stone crusher units, and therefore was unsustainable. The State defended the order on grounds of public interest, alleging that development activities would halt if crushers were stopped. The stone crusher units (respondents 5-8) supported the order. The Court, in its analysis, referred to the definition of 'class of land' in Section 2(5) of the Code and found that the impugned order did not refer to any class of land; the stone crushing units could not be considered a class of land for the purpose of Section 35. It thus observed that it was incumbent upon stone crushing units to apply for conversion sanads, and directed the Collectors of North and South Goa to identify units without such sanads and issue notices to them to either produce sanads or apply for them within a stipulated period. The matter was then adjourned for further hearing.
Headnote
A) Land Revenue Law - Exemption from Conversion Sanads - Section 35, Goa, Daman and Diu, Land Revenue Code, 1968 - The power under Section 35 to exempt any land or class of land from the provisions of sections 30 to 34 cannot be invoked to exempt stone crushing units, which are not land or a class of land as defined under Section 2(5) of the Code - The impugned order exempted stone crusher units from obtaining conversion sanads without referring to any land or class of land, and was therefore ultra vires the provision - Held that stone crushing units must obtain conversion sanads, and the Collectors were directed to identify units operating without such sanads and issue notices (Paras 11).
Issue of Consideration
Whether the impugned order dated 2/3/2009 issued under Section 35 of the Goa, Daman and Diu, Land Revenue Code, 1968 exempting certain basalt/stone crusher units from obtaining conversion sanads is valid and within the scope of the power conferred by that section
Law Points
- Power under Section 35 of Goa
- Daman and Diu
- Land Revenue Code
- 1968 can only be exercised to exempt land or class of land from operation of sections 30 to 34
- not industrial activities or units
- expression 'class of land' defined in Section 2(5) of the Code
Case Details
2021 LawText (BOM) (11) 59
Writ Petition No. 613 of 2009
Manish Pitale, M. S. Jawalkar
Nigel Da Costa Frias, B. Andrade, G. Malik for Petitioner; D. Pangam, A. Kamat for State; P. Kakodkar for Respondent 4; Sudesh Usgaonkar, R. Pereira for Respondents 5-7
Sao Jose De Areal Villagers Union (represented by Salvador Fernandes, Peter Viegas, Nelson Mascarenhas, Diogino C. Fernandes)
The State of Goa through Chief Secretary, District Collector of North Goa, District Collector of South Goa, Communidade of Curtorim, M/s. Kushawati Crusher, M/s. Quality Granites, M/s. Venus Stone Crushers, M/s. Peruos Stone Crushers
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Nature of Litigation
Writ petition under Article 226 of the Constitution of India challenging a government order
Remedy Sought
The petitioner-union sought quashing of order dated 2/3/2009 issued by the State under Section 35 of the Goa Land Revenue Code, which exempted certain stone crusher units from obtaining conversion sanads
Filing Reason
The impugned order was allegedly issued to frustrate the directions of the Court in an earlier PIL (WP 20/2008) regarding illegal stone crushing, and it exceeded the power under Section 35 as it did not relate to any land or class of land
Previous Decisions
In WP 20/2008, the High Court had directed the Collector to take action under Sections 31 and 33 against stone crushers operating without conversion sanads; the impugned order was issued during pendency of that PIL
Issues
Whether the impugned order dated 2/3/2009 issued under Section 35 of the Goa, Daman and Diu, Land Revenue Code, 1968 is legally valid
Whether stone crushing units can be considered as land or class of land for the purpose of exercising power under Section 35 of the said Code
Submissions/Arguments
Petitioner: The impugned order could not have been issued as Section 35 only permits exemption of land or class of land from provisions of sections 30-34, and the order pertains to stone crusher units, not land; it was issued to defeat the earlier court orders.
Respondents: The order was issued in public interest to avoid stalling development activities due to lack of stone crushing; no loss of revenue was involved; the power under Section 35 was properly exercised.
Ratio Decidendi
Under Section 35 of the Goa, Daman and Diu, Land Revenue Code, 1968, the power to exempt from the operation of sections 30 to 34 can only be exercised in respect of land or a class of land as defined in Section 2(5); it cannot be invoked to exempt stone crushing units, which are not land or a class of land.
Judgment Excerpts
In exercise of the powers conferred by Section 35 of the Goa Land Revenue Code, 1968... the Government hereby retrospectively exempts Basalt/Stone crusher units... from obtaining conversion sanads...
This Court found that since the expression “class of land” is defined in section 2(5) of the Code and the impugned order does not refer to any class of land... the stone crushing units could not have been considered as class of land for the purpose of section 35 of the Code.
Procedural History
Earlier PIL (WP 20/2008) filed by villagers regarding illegal stone crushers; on 30/9/2008, Court directed Collector to take action under Sections 31 and 33; on 2/3/2009, State issued impugned order under Section 35; present writ petition filed challenging that order; on 11/10/2018, this Court passed order observing that impugned order did not relate to any class of land and directed stone crushers to apply for conversion sanads; matter adjourned; final hearing closed on 24/9/2021 and judgment pronounced on 17/11/2021.
Acts & Sections
- Goa, Daman and Diu, Land Revenue Code, 1968: Sections 2(5), 30, 31, 32, 33, 34, 35
