Mr. Ashok Garg vs Administrator of Communidades, North Zone and Ors.

Rule. Rule made returnable forthwith. With consent of parties, matter is heard finally at admission stage.

The petitioner impugns order dated 27.08.2024 passed by Administrator of Communidades, North Zone, Mapusa, Goa in Case No.ACNZ/COLVALE/11/2024/1487 to the extent it holds that filling with mud and rubble stones in Survey No.285/9 of village Colvale is in violation of provision of Code of Communidades and further directions to Communidade to take immediate steps and restore land to its original condition.

The petitioner purchased properties bearing Survey Nos.285/7 and 284/5 of village Colvale under registered sale deed dated 28.10.2022. Prior to execution of sale deed, petitioner’s vendor had filed an application dated 19.07.2022 to Administrator of Communidades for grant of access of 6 meter wide and 56.52 meters length through land Survey No.285/9, which belongs to Communidade. The Communidade of Colvale granted no objection in pursuance to decision of Managing Committee and issued No Objection Certificate dated 18.02.2023 after receipt of amount of Rs.13,10,400/- in lieu of grant of access. Even respondent no.4 who claims tenancy right over land survey no.285/9 issued no objection for that purpose.

The respondent no.3 filed complaint dated 11.06.2024 alleging illegal construction of road in Communidade property bearing survey no.345 and 285/9 by respondent no.4. The Administrator of Communidades registered case no.ACNZ/COLVALE/11/2024/1111. The petitioner was neither made party in said proceeding nor was he served with notice of such proceeding. The respondent no.2 Communidade of Colvale was made party alongwith Mr. Amul Prakash Mainkar. However, in reply filed by Communidade it is stated that development activity on land is without knowledge of Communidade. In light of such reply, Administrator of Communidades passed impugned order directing respondent no.2/Communidade of Colvale to take immediate steps and restore land in Survey Nos.345 and 285/9 to its original condition. The petitioner got knowledge of Writ Petition filed by respondent no.4 and after collecting papers noticed impugned order, which directly affects petitioner’s right of access to his property from Survey No.285/9.

Mr. Y. B. Nadkarni, learned Advocate appearing for petitioner submits that impugned order is passed behind back of petitioner causing serious prejudice to his right of access, which has been granted to him by Communidade of Colvale as per NOC dated 18.02.2023 after accepting amount of Rs.13,10,400/-. He would submit that neither respondent no.2 nor respondent no.4, who were parties before Administrator of Communidades pointed out no objection given by them for construction of access way to petitioner. Eventually, impugned order is passed observing that construction of access way is without knowledge and authority of respondent no.2.

The learned Advocate appearing for respondent no.3 supports impugned order. The learned Advocates appearing for respondent nos.2 and 4 do not dispute that the access from Survey No.285/9 has been made after obtaining NOC from them.

In light of submissions advanced by learned Advocates appearing for respective parties, this Court examined record tendered into service. Undisputedly, land Survey No.285/9 belongs to Communidade of Colvale. The respondent no.4 is claiming his tenancy right over said property. The petitioner purchased land from Survey No.285/7 and 284/5 from village Colvale under registered sale deed dated 28.10.2022. The petitioner’s vendor had applied to Communidade of Colvale asking no objection for access of 6 meters wide and 56.52 meters length from Survey No.285/9. The Managing Committee decided to grant access on payment of Rs.13,10,400/- to Communidade. The respondent no.4 has also given no objection for access to petitioner from Survey No.285/9. The petitioner has deposited amount as directed. Accordingly, NOC dated 28.02.2023 has been issued to petitioner.

The record indicates that when respondent no.3 made complaint to Administrator of Communidades, petitioner was not made party nor was he given notice of hearing, although complaint was made alleging unauthorized construction of access from land Survey Nos.285/9 and 345. The respondent no.2 Communidade of Colvale and respondent no.4 Mr. Amul Mainkar were parties in proceeding. However, both of them did not point out no objections issued by them in favour of petitioner for access way. Pertinently, in reply filed by Communidade of Colvale, statement is made that development of access is made without their consent.

Careful reading of impugned order depicts that Administrator of Communidades observed in paragraph no.10(E) that filling of mud and rubble stone is made in Survey No.285/9 in name of water storage and same is without knowledge of Communidade as claimed by them in their reply, as such, development is de-hors provision of Code of Communidade. Eventually, directions are issued to Communidade Body to remove encroachment of rubble stone in Survey No.285/9, which is made in violation of Code.

The aforesaid observations are made behind back of petitioner and without granting him an opportunity of hearing. Apparently, respondent no.2 who has issued no objection in favour of petitioner after accepting huge amount of Rs.13,10,400/- failed to disclose that development is made with consent and permission of Communidade. If aforesaid facts could have been brought to notice of Administrator, impugned order would not have been passed observing that development is without knowledge and authority from Communidade. In light of aforesaid observations, this Court finds that impugned order is liable to be quashed and set aside, so far as it relates to development of access way from Survey No.285/9 as per NOC dated 18.02.2023 issued by Communidade of Colvale and matter can be relegated back to Administrator for passing appropriate orders in accordance with law after giving opportunity of hearing to petitioner and other stakeholders. Hence, following order:

a. Writ Petition is partly allowed.

b. The impugned order dated 27.08.2024 passed by Administrator of Communidades, North Zone, Mapusa, Goa in Case No.ACNZ/COLVALE/11/2024/1487, to the extent it holds that filling with mud and rubble stones in Survey No.285/9 of village Colvale is in violation of provision of Code of Communidades and further directions to Communidade to take immediate steps and restore land to its original condition is quashed and set aside.

c. Parties are relegated back to Administrator of Communidades, North Zone at Mapusa, who shall pass fresh order after granting opportunity of hearing to petitioner and others within period of three months from date of appearance of parties.

d. Parties to appear before Administrator of Communidades, North Zone, Mapusa on 01.09.2026.

e. Rule is made absolute in above terms.