Case Note & Summary
The petitioners, Colva Civic and Consumer Forum, filed a writ petition challenging the NOC dated 28/3/2007 issued by the Deputy Town Planner (respondent No.3), the construction licence dated 31/3/2007 issued by the Village Panchayat (respondent No.2), and the certificate dated 2/3/2007 issued by the Deputy Collector (respondent No.4) in favour of M/s. Akar Creations Pvt. Ltd. (respondent No.5). The petitioners contended that the respondent No.5 obtained the certificate from the Deputy Collector under the Land Revenue Code on the false premise that the land had existing structures (two mundkarial huts) to avoid paying conversion fees for the entire property measuring about 25,375 sq. metres. The court heard arguments from all parties. The court found that the certificate was granted erroneously and contrary to circulars, and therefore quashed the NOC, construction licence, and the certificate. The judgment was delivered by a division bench of F.M. Reis and K.L. Wadane JJ. on 16th July 2015.
Headnote
A) Land Law - Conversion of Land - Certificate of Existence of Structures - Land Revenue Code - The respondent No.5 obtained a certificate from the Deputy Collector under the Land Revenue Code on the assumption that the land had structures (two mundkarial huts) to avoid payment of conversion fees for a property admeasuring 25,375 sq. metres. The court held that such a certificate was erroneous and contrary to circulars, and quashed the NOC and construction licence. (Paras 2-4)
Issue of Consideration
Whether the NOC and construction licence issued in favour of respondent No.5 are valid when the certificate of conversion was based on the existence of two mundkarial structures to avoid payment of conversion fees.
Final Decision
The court quashed the NOC dated 28/3/2007, the construction licence dated 31/3/2007, and the certificate dated 2/3/2007.
Law Points
- Land conversion
- NOC
- construction licence
- mundkarial structures
- conversion fees
- Land Revenue Code
- Goa
Case Details
2015 LawText (BOM) (07) 161
WRIT PETITION NO. 297/2009
Nigel da Costa Frias, P. Faldessai, A.D. Bhobe, S. D. Lotlikar, H. D. Naik, A. Naik, J. Godinho
Colva Civic and Consumer Forum
State of Goa, Village Panchayat of Colva Vanelim Sernabatim & Gaundalim, Deputy Town Planner, Deputy Collector & SDO, M/s. Akar Creations Pvt. Ltd., Goa State Pollution Control Board, Ministry of Environment and Forest
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Nature of Litigation
Writ petition challenging NOC, construction licence, and certificate of conversion.
Remedy Sought
Quashing of NOC dated 28/3/2007, construction licence dated 31/3/2007, and certificate dated 2/3/2007.
Filing Reason
Allegation that respondent No.5 obtained certificate based on two mundkarial structures to avoid conversion fees for a large property.
Issues
Whether the certificate of conversion based on existence of mundkarial structures is valid to avoid conversion fees.
Whether the NOC and construction licence issued are liable to be quashed.
Submissions/Arguments
Petitioners argued that the certificate was obtained on the assumption that the land had structures to avoid payment of conversion fees, which is erroneous and contrary to circulars.
Respondents' arguments not detailed in the provided text.
Ratio Decidendi
The certificate of existence of structures based on two mundkarial huts cannot be used to avoid payment of conversion fees for the entire property; such certificate is erroneous and contrary to circulars.
Judgment Excerpts
The above petition, inter alia, takes exception to the NOC issued by the respondent No.3 dated 28/3/2007, as well as the construction licence dated 31/3/2007, issued by the respondent No.2 in favour of the respondent No.5.
The learned Counsel further points out that this act on the part of the respondent No.4 in granting such certificate is totally erroneous and contrary to the circulars and, as such, deserves to be quashed and set aside.
Acts & Sections
