A Division bench of the Bombay High Court at Goa comprising of Justice R.S. Dalvi and Justice F.M.Reis has quashed and set aside the order which had regularized the 599 sq mts of Serula Communidade land on Chogm Road at Porvorim which was encroached by Goa Tourism Minister Dilip Parulekar.
The High Court in its judgment has ruled that the order passed by the President of the Administrative Tribunal on September 27th 2012 regularizing the land in favour of Dilip Parulekar was bad in law and could not stand judicial scrutiny. In a blatant misuse and abuse of power Tourism Minister Dilip Parulekar, in connivance with his Under Secretary Irene Sequeira who was also the Administrator of Communidade of North Zone, and Peter Martins the attorney of the Communidade of Serula conspired to fraudulently hand over to the Tourism Minister on a platter, valuable Communidade land at a throw away price in the guise of regularizing his encroachment to the extent of 599 sq meters. As per clause 1 of Article 380 of the Code of Communidade, regularisation is possible only in cases of land which is valued at less than 1800 escudos or Rs 300. The market value of the area encroached by Dilip Parulekar is more than Rs. one crore and the Communidade had illegally given it away to him for a mere Rs 3,41,320/- . The encroachment made by Dilip Parulekar could not have been regularized under law. The entire process initiated for regularization commencing from the resolutions of the Communidade to the order of the Administrative Tribunal granting permission was void being entirely without jurisdiction and contrary to the Code of Communidade. The misuse and abuse of power could not have been more apparent. The whole malafied process of giving away this prime land to Tourism Minister Dilip Parulekar smacked of the malaise of corruption which had to be nipped in the bud before it further spread and destroyed the very fabric of society. Aires Rodrigues T1 - B30, Ribandar Retreat Ribandar - Goa - 403006 Mobile: 9822684372
