STATE OF GOA Vs. SERAFINO MASCARENHAS

JUDGEMENT

(1.) The above petition challenges the judgment dated 20/03/2003 passed in Land Revenue Appeal no.71/1996 whereby the appeal preferred by the respondents challenging the order passed by the Deputy Collector dated 21/08/1996 directing the respondents to vacate the encroachment by removing the structures, came to be quashed and set aside.

(2.) The facts of the case are that on the basis of the check list dated 2/09/1975 prepared by the Office of the Captain of Ports stating that the respondents had constructed a bund around the Government land where there are no structures, a notice under Section 40(2) of the Goa, Daman and Diu Land Revenue Code, 1968 dated 2/12/1975 was issued by the petitioners directing the respondents to vacate the land failing which the respondents would be summarily evicted under Section 40 of the said code. By the same notice, the respondents were also directed to remove the construction/building or crops raised in the said land. The respondents filed a reply to the said show cause notice disputing the contentions therein and pointed out that the construction of the bund was within their own property and not on the land belonging to the petitioners and that in the year 1959 a similar dispute arose and a site inspection was carried out by the Captain of Ports and during the course of the said inquiry, the land in dispute was surveyed through the Office of the Captain of Ports and Land Survey Department and the sketch of the property was drawn showing the limits of the property and that the then Governor General gave his final decision. It was further their case that the respondents were allowed to construct the wall around the said property and that the respondents were given the licence for carrying out such construction. The learned Deputy Collector after going through the records, by the said judgment dated 21/08/1996 allowed the application of the petitioner no.1 dated 2/09/1975 and directed the respondents to vacate the encroachment from the property surveyed under no.94/1 of village of Cavellosim by removing all the existing construction/building/vegetation/trees, etc. within one month from the date of the said order. Being aggrieved by the said order passed by the Deputy Collector, the respondents preferred an appeal before the Administrative Tribunal of Goa which by judgment dated 20/03/2003 came to be allowed and the order passed by the Deputy Collector dated 21/08/1996 was quashed and set aside. Being aggrieved by the said judgment the petitioners have preferred the present petition.

(3.) At the time of admission of the above petition this Court passed an interim relief in favour of the petitioners whereby pending the hearing and final disposal of the above petition the respondents, their agents, representatives and servants were restrained in any manner changing the nature of the suit land under survey no.94/1 or doing plantation or any other activities in the suit property under Survey no.94/1.