REAL ESTATE AGENCIES Vs. STATE OF GOA

JUDGEMENT

(1.) THE Petitioner is a duly registered partnership firm Registered Agreement executed in the year 1966 (6th April, 1966). The Petitioner's case is that the subject plot is sub -divided into sub -plots and sub -plots were sold to several property owners. One of the plots being Plot No. C -18, under a registered indenture dated 31 -05 -1967, was sold to the predecessor in title of Mr. Evaristo Fernandes who claims to be the President of La Marvel Residents Welfare Association (for short "the Association"). He purchased this plot under a registered Deed of Sale dated 14 -11 -1988. It is the case of the Petitioner that the sub -divided plots, except the land being Chalta No. 1 (P) PT sheet No. 118 of City Survey, Panaji, remained unsold. Details of the plot are shown in the Record of Rights. It is the case of the Petitioner that the plot contains abandoned quarries. The plot Members of Respondent no. 8 constructed individual structures on their respective sub -divided plots and the said plot always remained the property of the Petitioner.

(2.) IT is the case of the Petitioner that the Petitioner was before this Court for seeking directions to Respondent No. 4 to take immediate steps, so as to commence acquisition proceedings for the purpose of putting up a landfill site for disposal of non bio -degradable waste. It is the case of the Petitioner that since acquisition proceeding was initiated, Writ Petition being Writ Petition No. 3/2005 came to be filed before this Court and Division Bench of this Court directed that immediate steps be taken for putting up such a landfill site.

(3.) IT is the case of the Petitioner that the implementation of the Award was held up by Respondent no. 8 claiming that the open space belongs to them. They filed a petition being Writ Petition No. 569/2010 for quashing the Award and/or releasing the amount either to the Petitioner or to Respondent no. 6. There was also a plea raised as to the title of the Petitioner. This Writ Petition was placed before a Division Bench of this Court and following order was passed: