FITIMA DSOUZA Vs. JOINT MAMLATDAR OF SALCETE

JUDGEMENT

(1.) THE petitioners challenge in this Writ Petition the Judgment, dated 10th October, 1985, passed by the Joint Mamiatdar II of Salcete, as well as the Order, dated 15th April, 1986, made in appeal by the Collector of Goa and the Judgment, dated 12th June, 1987, passed by the third respondent Administrative Tribunal.

(2.) THE first petitioner's husband and father of the second petitioner and the fifth respondent purchased a property known as "madeva Morod" alias "madeva Nomoxi" surveyed under No. 565/1 and registered in the revenue Office under No. 1278, by a deed, dated 20th July, 1977. A house bearing the No. 770 exists in the said property and the same is occupied by the fourth respondent. An application was filed by the said respondent for declaration that he is a mundkar of the said property and that he is in occupation of the aforesaid house, a cowshed and a store-room. By his Judgment, dated 12th February, 1981, the fourth respondent was declared mundkar of the house as well as of the cowshed and the storeroom adjoining it. The matter was taken up in appeal, and by Judgment dated 8th February, 1982, the Collector of Goa, allowing partly the said appeal, declared the fourth respondent mundkar in respect of the house only. There was a revision application filed to the administrative Tribunal which was dismissed by Judgment, dated 12th i June, 198.

(3.) BEFORE that, while the matter was in appeal, the fourth respondent filed an application under Sections 15 and 16 of the Goa, Daman and din Mundkars (Protection from Eviction) Act, 1975, for short, the Act, declaring his intention to purchase the said house. This house is situated in the ward Biumsa of Cuncolim, which was at the relevant time, within the jurisdiction of the Village Panchayat of Cuncolim. By a proclamation dated 17th January, 1984, published in the Government Gazette dated 27th January, 1984, the Government invited objections and suggestions to the Proposal to change the said area into a municipal area. Thereafter, a notification, dated 25th May, 1987, was published in the official Gazette dated 25th May, 1987, declaring the village of Cuncolim as municipal area, in exercise of the powers under Section 3 (1) of the Municipalities act.