COLVA CIVIC CONSUMER FORUM Vs. STATE OF GOA

JUDGEMENT

(1.) Heard Mr. Nigel de Costa Frias, learned Counsel appearing for the petitioners, Mr. P. Faldessai, learned Additional Govt. Advocate appearing for the respondents No.1, 3 and 4, Mr. A. D. Bhobe, learned Counsel appearing for the respondent No.2, Mr. S. D. Lotlikar, learned Senior Counsel appearing for the respondent No.5 and Mr. J. Godinho, learned Counsel appearing for the respondent No.6.

(2.) The above petition, inter alia, takes exception to the NOC issued by the respondent No.3 dated 28/3/2007, as well as the construction licence dated 31/3/2007, issued by the respondent No.2 in favour of the respondent No.5. The petitioners have also sought a direction to quash the Certificate dated 2/3/2007, issued by the Deputy Collector/respondent No.4 with regard to the conversion of the subject land.

(3.) Mr. Nigel da Costa Frias, learned Counsel appearing for the petitioners, in support of his submissions, has pointed out that the respondent No.5 has obtained the certificate from the respondent No.4 in terms of the Land Revenue Code on the assumption that such land had structures, to avoid payment of conversion fees in respect of such properties. The learned Counsel has, thereafter, pointed out that on the basis of two mundkarial structures existing in the disputed property, the respondent No.5 has avoided paying conversion charges in respect of the property admeasuring around 25,375 sq. metres. The learned Counsel further points out that this act on the part of the respondent No.4 in granting such certificate is totally erroneous and contrary to the circulars and, as such, deserves to be quashed and set aside. The learned Counsel further points out that merely because two mundkarial houses were located in the disputed land, it cannot be assumed that the whole property admeasuring around 30,000 sq. metres is nonagricultural.