Case Note & Summary
The petitioner, an advocate and public spirited citizen, filed a Public Interest Litigation challenging the order of the Administrative Tribunal (respondent No.3, later deleted) dated 27th September 2012, which regularised the encroachment of respondent No.4, Shri Dilip Parulekar, the then Minister for Tourism, State of Goa, on communidade land belonging to respondent No.1, Communidade of Serula. The petitioner also sought removal of the encroachment and a restraint on respondent No.4 from alienating or using the encroached property. The facts reveal that respondent No.4 initially put up a shed on an open land under a resolution passed by respondent No.1 permitting construction on 99 sq. metres for an annual rent of Rs.600/-. Subsequently, a Special General Meeting of respondent No.1 dated 22nd February leased an area of 111.97 sq. metres to respondent No.4 for an annual rent of Rs.75/-. The Administrative Tribunal's order regularised the encroachment, which the petitioner contended was illegal and without jurisdiction. The court, after hearing the parties, held that the Administrative Tribunal had no jurisdiction to regularise the encroachment on communidade land, as such land is governed by specific laws and the Tribunal's order was contrary to law. The court set aside the order, directed the removal of the encroachment, and restrained respondent No.4 from alienating or using the property. The judgment was pronounced on 25th February 2014 by a Division Bench comprising Smt. R.S. Dalvi and F.M. Reis, JJ.
Headnote
A) Public Interest Litigation - Encroachment on Communidade Land - Regularisation of Unauthorised Construction - The petitioner, a public spirited citizen, challenged the order of the Administrative Tribunal dated 27/09/2012 regularising the encroachment of respondent No.4 on communidade land. The court held that the Tribunal lacked jurisdiction to pass such an order as the land was communidade property and the regularisation was contrary to law. (Paras 2-3) B) Administrative Tribunal - Jurisdiction - Goa, Daman and Diu Agricultural Tenancy Act, 1964 - The Administrative Tribunal's order regularising encroachment was set aside as it had no authority to deal with communidade land or to regularise unauthorised constructions. The court directed removal of the encroachment and restrained respondent No.4 from alienating or using the property. (Paras 3-4)
Issue of Consideration
Whether the Administrative Tribunal had jurisdiction to regularise the encroachment of respondent No.4 on communidade land, and whether the encroachment should be removed.
Final Decision
The court allowed the petition, set aside the order of the Administrative Tribunal dated 27/09/2012, directed the removal of the encroachment, and restrained respondent No.4 from alienating or using the encroached property.
Law Points
- Public Interest Litigation
- Encroachment on Communidade land
- Regularisation of unauthorised construction
- Jurisdiction of Administrative Tribunal
- Goa
- Daman and Diu Agricultural Tenancy Act
- 1964
- Code of Civil Procedure
- 1908
- Limitation Act
- 1963
