ANDREW ALVARES Vs. STATE OF GOA

JUDGEMENT

(1.) Heard learned Counsel appearing for the parties. Rule, returnable forthwith. Taken up for hearing. The petitioners claim to have filed this writ petition under Article 236 of the Constitution of India, by which the challenge is to the decision of the State of Goa of constructing "Ravindra Bhavan" on a land situated at Baina, more particularly described in the petition.

(2.) It will be necessary to consider the factual matrix of the case. According to the case made out in the petition, the erstwhile Portuguese Government had granted a land admeasuring 3964 sq. meters surveyed under Chalta Nos. 21, 22 and 23 of P.T. Sheet No. 88 of City Survey of Vasco City to a company by the name " V.M. Salgaocar Brothers Ltd.". After liberation of Goa, the first respondent, Government of Goa resumed the said land. The action of resumption was challenged by the said company before the Judicial Commissioner's Court. A petition filed by the said company was dismissed and a Special Leave Petition was preferred by the said company before the Apex Court in which, pending final disposal, possession of the said company was ordered to be protected.

(3.) According to the petitioners, the first respondent decided to construct an auditorium cum town hall and cultural centre on the said land as the same was centrally located in the city of Vasco. .Therefore, a suggestion was made by the State to the said company to give up its claim in respect of the said land. It is contended that the said company consented and proceeded to withdraw the Special Leave Petition, on condition that an auditorium/town hall would be constructed on the said land.