a) Whether the land in question as referred to in the aforesaid PIL WP were agricultural lands and / or tenanted lands?
No. There was no tenancy created with SATMA or its members or any other persons whose names were erroneously recorded in the record of rights and were subsequently deleted by way of appropriate proceedings. There were no agricultural activities carried out in the said land. Infact part of the said land is rocky an uncultivable.
b) Whether the allegations regarding tenancy made in the Petition as regards tenanted lands are true and correct?
No tenancy was created by the landlords either orally or in writing. There is also no evidence of any rent having been paid to the landlords by the petitioners SATMA or its members or any other persons whose names were erroneously reflected in record of rights and were subsequently deleted by way of appropriate proceedings. In fact no such documents of creation of tenancy in their favour have been produced by them.
c) Whether the lands are or are not tenanted lands?
There are no documents of tenancy created by the landlords in favour of the Tenancy claimants. Neither the members of SATMA nor any other persons whose names were erroneously recorded in record of rights and were subsequently deleted by way of appropriate proceedings or neither their ancestors nor their predecessors had carried out any paddy cultivation in the said land.
d) Whether any person was or was not a tenant of such lands?
Since there are no tenancy rights created by the erstwhile owners namely Khalaps or by the present owners namely leading Hotels Ltd either in favour of the current claimants/members of SATMA or any other persons whose names were erroneously reflected in record of rights and were not subsequently deleted by way of appropriate proceedings or in favour of their predecessors, there is no question of they claiming tenancy, as per the Goa Agricultural Tenancy Act on the said land in village Tiracol.
