Case Note & Summary
The Petitioner, Mrs. Martha Luis, filed a writ petition challenging the determination of a rate of ₹3,600 per square metre levied upon her for regularisation of her encroachment on a plot of land belonging to the Communidade of Mormugao (Respondent No. 4). The Petitioner conceded that she was an encroacher on a plot admeasuring 393 sq.mts, upon which her father-in-law had constructed a residential house much before the cut-off date of 15.06.2000. She applied for regularisation on 04.01.2002 under Article 372-A of the Code of Communidade. By memorandum dated 10.04.2003, the Deputy Collector of Margao informed her that her application was rejected for want of production of relevant documents. Subsequently, on 17.02.2005, the Petitioner referred to the earlier rejection and sought reconsideration. The authorities then demanded payment at the rate of ₹3,600 per sq.m. for regularisation. The Petitioner contended that this rate was arbitrary and that she was entitled to regularisation at the rate of ₹1,500 per sq.m. as per the Government Resolution dated 30.08.2004, which was applicable to similar cases. The Court heard the matter and observed that the impugned order dated 10.04.2003 was not a reasoned order and did not consider the relevant documents. The Court also noted that the demand for ₹3,600 per sq.m. was not supported by any government policy or resolution. The Court held that the rate of ₹3,600 per sq.m. was arbitrary and not based on any valid criteria. The Court directed the authorities to regularise the Petitioner's encroachment at the rate of ₹1,500 per sq.m. as per the Government Resolution dated 30.08.2004, and to pass a fresh reasoned order in accordance with law. The writ petition was allowed with the above directions.
Headnote
A) Communidade Land - Regularisation of Encroachment - Article 372-A of the Code of Communidade - Rate Determination - The Petitioner, an encroacher on Communidade land, applied for regularisation under Article 372-A of the Code of Communidade. The authorities levied a rate of ₹3,600 per sq.m. for regularisation. The Court held that the rate of ₹3,600 per sq.m. was arbitrary and not based on any valid criteria, and directed regularisation at the rate of ₹1,500 per sq.m. as per the Government Resolution dated 30.08.2004, which was applicable to similar cases. (Paras 2-10) B) Administrative Law - Reasoned Order - Government Resolution - The Court found that the impugned order dated 10.04.2003 rejecting the Petitioner's application was not a reasoned order and did not consider the relevant documents. The Court also noted that the subsequent demand for ₹3,600 per sq.m. was not supported by any government policy or resolution. The Court directed the authorities to pass a fresh reasoned order in accordance with law. (Paras 4-12) C) Property Law - Encroachment - Regularisation - Cut-off Date - The Petitioner's father-in-law had constructed a residential house on the Communidade land much before the cut-off date of 15.06.2000. The Court held that the Petitioner was entitled to regularisation of her encroachment as per the policy in force, and the rate should be determined based on the prevalent government resolution. (Paras 3-8)
Issue of Consideration
Whether the rate of ₹3,600 per sq.m. levied upon the Petitioner for regularisation of her encroachment on Communidade land is lawful and justified, and whether the Petitioner is entitled to regularisation at the rate of ₹1,500 per sq.m. as per the Government Resolution dated 30.08.2004.
Final Decision
The Court allowed the writ petition and directed the authorities to regularise the Petitioner's encroachment at the rate of ₹1,500 per sq.m. as per the Government Resolution dated 30.08.2004, and to pass a fresh reasoned order in accordance with law.
Law Points
- Regularisation of encroachment on Communidade land
- Article 372-A of the Code of Communidade
- Rate determination for regularisation
- Applicability of Government Resolution dated 30.08.2004
- Principles of natural justice
- Reasoned order requirement
