DOUGLAS LAWRENCE SEQUEIRA Vs. MAHARASHTRA ACADEMY OF ENGINEERING AND EDUCATIONAL RE S MIT GROUP OF INSTITUTIONS, PUNE

JUDGEMENT

(1.) The Petition filed by the Gaunkares of Communidade of Tivim, Bardez, Goa, raise questions of significant importance involving the consequences affecting Communidades across Goa in relation to the permissibility of grant of its land without auction under Article 334 A of the Code of Communidade, 1961.

(2.) We have heard learned Senior Counsel Mr. Carlos Ferreira for the Petitioner with Mr. Dhaval Zaveri. The Petition and the claim therein is contested by the Respondents through Mr. Devidas Pangam, the learned Advocate General representing Respondent nos. 2 to 6 and 12 to 15, whereas the Respondent no. 1, the allottee of the land, Maharashtra Academy of Engineering and Educational Re 's MIT Group of Institutions, Pune, (MAEER MIT Group of Institutions, Pune) is represented by Mr. Ravi Bhardwaj with Ms. Vrushali Maindad. The Communidade of Tivim is represented before us by Mr. Parag Rao, whereas Respondent nos. 8 to 10 are represented by Mr. Yogesh Nadkarni, along with Ms. Simran Khadilkar and Respondent no. 11, the Escrivao (Clerk) of Communidade of Tivim is represented by Ms. Vilisha Shivolkar.

(3.) Before we analyse the counter submission in the wake of the questions for determination raised by Mr. Ferreira in the Petition, we deem it appropriate to refer to the factual background involved in the wake of which the questions falling for our determination deserve consideration.