Case Note & Summary
The petitioners, owners of land bearing Survey No.67/11 in Navelim, Goa, applied for conversion of their land from agricultural to non-agricultural use. The Additional Collector-I refused to consider the application, citing that a 180 sq. metre portion of the land had been acquired by the State for road construction, and that partition of the property under the Land Revenue Code would result in fragmentation. The petitioners challenged this refusal by way of a writ petition. The Court observed that the acquisition by the State is for a public purpose and does not constitute fragmentation under the Code. The Court held that the respondent's refusal was erroneous and directed the Additional Collector to consider the conversion application afresh, without raising the fragmentation objection. The petition was allowed with no order as to costs.
Headnote
A) Land Law - Conversion of Land - Fragmentation - Sections 5, 6, 7 of the Goa Land Revenue Code, 1968 - The petitioners sought conversion of their land for non-agricultural use. The respondent refused on the ground that a portion of the land had been acquired by the State for road construction, leading to fragmentation under the Code. The Court held that when land is acquired by the State, the question of fragmentation does not arise as the acquisition is for a public purpose and the remaining land can be considered for conversion. The Court directed the respondent to consider the conversion application afresh without raising the fragmentation objection. (Paras 3-5)
Issue of Consideration
Whether the refusal to consider conversion of land on the ground of fragmentation under the Land Revenue Code is valid when a portion of the land has been acquired by the State for road construction.
Final Decision
Writ petition allowed. Impugned communications quashed and set aside. Respondent No.2 directed to consider the conversion application afresh without raising the objection of fragmentation.
Law Points
- Land conversion
- Fragmentation
- Land Revenue Code
- Acquisition
- Writ jurisdiction
