http://www.targetgoa.com/goabuzzdet.php?bzid=7029&&id=3 30, Jul 2015The High Court has given interim relief to the St Anthony’s Mundkar and Tenant Association of Terekhol village by forbidding Leading Hotels Ltd from changing the nature of the agricultural land of Terekhol village until the case is heard. The court has allowed Ms Leading Hotels to build two bungalows on a 708 square metre plot of land according to a license given to them. They cannot interfere with any other part of the village. The petition essentially challenges the diversion of agricultural land covered under provisions of Agricultural Tenancy Act, 1964, for different purpose other than agricultural in breach of the provisions of the Goa Land Use Act, 1991. This case will be interesting since the petitioners have leveled accusations of illegal permissions given to Ms Leading Hotels by several government departments with the Town and Country Planning Department topping the list of respondents. The court will examine whether the tenants have been victim of a fraud and whether the respondents have hidden the facts from the concerned authority or court to get a favourable decision, only to circumvent the provisions of the Act and the Goa Land Use Act, 1991 and defeat the alleged tenancy rights. The court order read, “Merely because the parties in such proceedings appeared before the concerned Courts and have accepted such orders without demeanor (demur) cannot in any way obliterate or nullify if at all any fraud is committed on the statue.” The court said that the provisions of Goa Land Use Act, 1991 are enacted to impose restrictions on land use in order to conserve agricultural land. This case will have far reaching effects on conversion of agricultural land. The illegal road that was cut through cashew plantations.
