Case Note & Summary
Two Public Interest Litigation writ petitions (PIL WP No. 15 of 2014 and PIL WP No. 16 of 2014) were filed before the High Court of Bombay at Goa challenging the alleged illegal encroachment and regularisation of lands belonging to the Comunidade of Serula by respondents 4 and 5 (Shri Dilip Parulekar, the then Minister for Tourism, and Shri Pramod D. Parulekar alias Dabolkar, respectively). The petitioners, social activists and daily wage earners, contended that these individuals, in collusion with authorities, usurped valuable Comunidade lands in survey numbers 376/6, 379, 379/1, 380/1, and 389/1 by first putting up sheds and later extending encroachments to substantial areas, without following due process and mandatory provisions of the Code of Comunidades, specifically Articles 342, 326, 329, 334, and 334-A. The petitioners alleged that respondent no. 4 had initially been permitted a small shed under a Comunidade resolution but later encroached upon a much larger area of 599 sq. mts., and both respondents had constructed illegal structures. They further asserted that regularisation applications were entertained by the State authorities in the absence of any framed policy or guidelines, in violation of the Code and constitutional guarantees under Articles 14 and 21. A construction licence was issued for a rehabilitation project in survey no. 379/1, consisting of shops, flats, and an office, allegedly meant to regularise the encroachments, but without following the mandatory procedure of general body resolution, gazette notification, tendering, or approval under Article 334-A. The petitioners claimed that the whole process was tainted by fraud and collusion between the encroachers and the Temporary Managing Committee of the Comunidade, and in defiance of interim orders passed in Writ Petition No. 17/2013. They sought a declaration that the regularisation without policy was unconstitutional, a mandamus to frame guidelines, seizure and attachment of the flats/shops in survey no. 379/1, withdrawal of the letters dated 14.9.2012 and 15.10.2012, and other consequential reliefs. The court heard the matter together on 16/03/2016 and issued Rule with consent of all parties. Judgment was reserved and pronounced on 06/05/2016. The full judgment text beyond the prayers is not provided in the excerpt; therefore, the final decision, reasoning, and legal principles are not known from the given text.
Issue of Consideration
Whether regularization of encroachments on Comunidade lands without a framed policy/guidelines and without amendment to Article 380 of the Code of Comunidades is unconstitutional; Whether allotment of flats/offices/shops without following Article 334-A of the Code of Comunidades is illegal; Whether letters dated 14.9.2012 and 15.10.2012 regularising/allotting plots are illegal and should be withdrawn
Case Details
2016 LawText (BOM) (05) 46
PIL Writ Petition Nos. 15 and 16 of 2014
Rohit Bras De Sa, P. Bhandari, Y. V. Nadkarni, D. Shirgam, S. D. Lotlikar, C. Padgaonkar, D. Pangam, Shivan Desai, A. D. Bhobe, Shantaram Naik, P. Faldessai, V. A. Lawande
Trajano D'Mello, Peter Vincent Alfonso, Gabriel D'Souza, Yeshwant Shirodkar
State of Goa, Comunidade of Serula, Administrator of Comunidades, Dilip Parulekar, Pramod D. Parulekar, Luis Antonio Fernandes, Ashok Shirsat, Mariano Stephan do Rosario Vaz, Bosco Severino do Rosario Vaz, Sushant P. Narvekar, Dayanand Harmalkar, Manoj L. Chandelkar, Stanley Vaz, Digambar Korgaonkar, North Goa Planning and Department Authority, Village Panchayat of Socorro, Ovriest D'Silva
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Nature of Litigation
Public Interest Litigation challenging illegal encroachment and regularisation of Comunidade lands by individuals including a State Minister, alleging violation of the Code of Comunidades and seeking seizure of properties.
Remedy Sought
Petitioners sought a declaratory writ that regularization without policy is unconstitutional, a writ of mandamus to frame policy, seizure of flats/shops in survey no. 379/1, withdrawal of letters dated 14.9.2012 and 15.10.2012, and to quash the regularisation/allotment.
Filing Reason
Alleged illegal encroachment by respondents 4 and 5 on Comunidade lands and improper regularization without following due process under the Code of Comunidades, with favouritism shown by State authorities.
Previous Decisions
Reference to interim orders passed by this Court in Writ Petition No. 17/2013, which the petitioners claim were defied, but no details of that decision are provided.
Issues
Whether the application for regularization of encroachment on Comunidade lands without a framed policy/guidelines and without amendment to Article 380 of the Code of Comunidades is unconstitutional and violative of Articles 14 and 21.
Whether the allotment of flats, offices, and shops in survey no. 379/1 without following Article 334-A of the Code of Comunidades is illegal.
Whether the letters dated 14.9.2012 and 15.10.2012 regularising/allotting plots are illegal and should be withdrawn.
Submissions/Arguments
Petitioners argued that respondents 4 and 5 usurped Comunidade land in violation of Code of Comunidades provisions, that regularization was entertained without any policy, and that the rehabilitation project was executed in collusion with authorities, defying court orders and bypassing mandatory legal procedures.
Judgment Excerpts
It is the case of the the petitioners that the respondent nos. 4 and 5, in violation of the various provisions of the Code of Comunidades, namely Articles 342, 326, 329, 334, 334-A have usurped the land belonging to the Comunidade of Serula without following the due process of law, nor the mandatory provisions as contemplated in the said Code.
the act of the Temporary Managing Committee is in defiance of the interim orders passed by this Court in Writ Petition No.17/2013
Procedural History
Both PIL writ petitions were filed in 2014. On 16/03/2016, after hearing, judgment was reserved. Rule was issued with consent of parties and taken up together for final disposal. Judgment pronounced on 06/05/2016.
Acts & Sections
- Code of Comunidades: Articles 342, 326, 329, 334, 334-A, 380
- Constitution of India: Articles 14, 21, 226
