Panaji: A bench of the Bombay High Court at Goa comprising Justices Gautam Patel and Nutan Sardesai on Monday issued notice on a Public Interest Litigation (PIL) challenging the report of the Inquiry Officer of the Goa government on the tenancy status of the lands of Tiracol village in the Leading Hotels golf course project coming up in Pernem taluk of North coastal Goa.
The PIL has been filed by Goa Foundation, a Goa-based green organisation. The court posted the matter for admission and interim relief to November 14.
The High Court, in its order dated March 31, 2017, had directed the Dy. Collector of Dharbandora, Agnelo Fernandes, to hear the promoters of Leading Hotels, and the various parties to the dispute and submit a report on the tenancy status of the lands as of November 2,1990, which is the date of the coming into force of the Goa Land Use Act, 1991.
DC rejected records
According to the PIL, the Deputy Collector rejected the voluminous record of tenancy placed before him on grounds that he was bound by the decisions of several civil courts and mamlatdars which had held that the tenants’ names on Forms I & XIV were in the nature of “erroneous entries” and, therefore, could be deleted from the records.
The high court itself had held that such decisions were doubtful in view of the fact that they had been arrived at on the basis of concessions from tenants and were not based on evidence and had directed the parties to appear before the Deputy Collector so he could make an inquiry and find out what the situation was in 1990 (presumably before the civil courts and mamlatdars had passed their orders).
Goa Foundation’s stand
The Goa Foundation, in its earlier petition and the Tenants Association of Tiracol, had provided substantial evidence to prove that the civil court orders and the mamlatdar orders were based on questionable evidence.
The Foundation has now argued that it cannot intervene in proceedings between landlords and tenants. However, it is convinced that the agricultural lands of Tiracol village cannot be converted into a golf course.
If this is permitted, says Goa Foundation, the entire Agricultural Tenancy Act and the Goa Land Use Act would become null.
The PIL has asked for setting aside of the Inquiry Officer’s report, and for fresh inquiry or any other alternative mechanism to conduct the Inquiry.
