VASUDEV VASANT GAONKAR, S/O VASANT RAMA GAONKAR Vs. BICHOLIM MUNICIPAL COUNCIL, OFFICE OF BICHOLIM MUNICIPAL COUNCIL, BICHOLIM, GOA THROUGH ITS CHIEF OFFICER

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. The respondents waive service. Taken up for disposal.

(2.) This Petition has been filed by the Petitioner in the capacity as a Component of the Respondent No.3-Communidade of Bicholim. It is the case of the Petitioner that the property bearing Survey No. 112/2 of Village Bicholim is owned by the Respondent No.3-Communidade. According to him, this property was being used as a play ground known as "Shivaji Maidan". Respondent No.1- Municipal Council approached the Communidade with a proposal to develop the property by constructing an office cum recreation and commercial building. This proposal was based on an approval granted by the Director of Municipal Administration/Urban Development. An Extraordinary General Meeting of the Respondent No.3-Communidade was convened on 9 September 2012, where the proposal of the Municipal Council was accepted, subject to certain terms and conditions. It is the grievance of the Petitioner that the Respondent-Municipal Council and the State Government have not adhered to their commitments and the Respondent No.3- Communidade has not benefited from the development. The Petitioner has filed this Petition with a prayer to direct the Respondent No.1-Municipal Council to hand over the possession and/or the management and control of the structures/facilities made available in the development and also direction for an investigation into the irregularities in respect of the development of the property.

(3.) Respondent No.1-Municipal Council has filed reply, contending that though the property in question belongs to the State Government, it has been in possession of the Municipal Council since the year 1940. Respondent No.3-Communidade has filed an affidavit supporting the stand of the Petitioner that the land belongs to the Communidade.