PANJIM: In a major setback to the Leading Hotel Private
Limited, Bench of Bombay High Court at Goa quashed and set aside all the
Tenancy Fee Certificates obtained from the Deputy Collector and appointed
Deputy Collector of Dharbandoda, Agnelo Fernandes to conduct the fresh inquiry
in the tenancy issue.
St Anthony’s Mundkar and Tenants Association and Goa
Foundation through Public Interest Litigation (PIL) had challenged the
permission granted to the Golf Course and Resort project at Tiracol which is
promoted by the Leading Hotels Private Limited contending the project is in
the tenanted land and thus could not be used for a course violating the provisions of the Goa
Land Use Act, 1991.
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The High Court on Friday read out the operative part
of its judgement and said that, “Deputy Collector Fenrandes shall proceed to
hold an inquiry in terms of the directions issued by this court in WP 291/2000
dated 5-9-2000 and in the light of observations made herein above, within five
months from the receipt of the judgment”.
Court has also kept the NOC granted by the Town
Planning authorities as well as the Sanads granted by the Collector in abeyance
until the final adjudication.
The order has also stated that respondent number eight
that the promoters of Golf Course shall not carry out any construction activity
in the property till the time the inquiry is completed by Deputy Collector
Fernandes in terms of the directions in the present judgment.
It may be recalled that the arguments on the PIL
concluded in February 2017with the division bench comprising Justice FM Reis
and Justice Nutan Sardessai.
The High Court had in July 2015 granted an interim
stay on the project, while allowing the developers – Leading Hotels – to
construct two model villas in an area of around 700 sq mtrs.
The petitioners had filed a fresh PIL in July 2015 to
the December 2014 PIL against the project. The petition was based on what they
claim to be fraudulent change of land from agricultural to non-agricultural
land which is also tenanted.
The December 2014 petition filed by St Anthony Mundkar
and Tenants Association sought the resolution of tenancy matters and called for
a stop to the work on the project. Following the petition, the Government had
appointed a one man Inquiry Commission headed by Sandip Jacques to study
whether the land, acquired for the project, was tenanted. The Commission
submitted its report in favour of the tenants and found that the land was
tenanted and agricultural.
In April 2013, the State Environment Impact Assessment
Authority (EIAA) had granted environment clearance (EC) for setting up an
18-hole PGA, golf course and eco tourism resort at Tiracol, which has been
proposed to be constructed at an estimated cost of Rs 500 crore. In June, the
pollution board granted consent to operate and in December 2012, CRZ clearance
was obtained for the project.
Agnelo
Fernandes
The inquiry is being conducted by Deputy Collector
Dharbandora, Agnelo Fernandes since he happens to be the senior most in the
particular rank and therefore this inquiry has come to him by virtue of his
seniority as laid down by law.
He will decide if each parcel of land was tenanted or
not since November 2, 1990 and the significance of the Goa Land Use Act came
into force.
The Deputy Collector will look at the status of each
land after Goa land use act came into force. He will be stationed in Mapusa
during the course of inquiry.
After five months the report has to be submitted to
the court.
Unfortunately, the inquiry which will also throw light
on the alleged bribery, is now being conducted by an officer who himself is
facing Vigilance inquiries of corruption charges in the Anti-Corruption Branch
(ACB).
Agnelo Fernades was once suspended in the year 2004
followed by Vigilance inquiry in which he was held under corruption charges.
At present, the two inquiries are underway at ACB, in
both the cases he is facing corruption charges.
Cases was filed at ACB in the year 2015 when Fernandes
was Chief Officer of Curchorem Municipal Council.
In first case, Fernandes is booked for issuing a false
and forged birth certificate and the second case it is booked in the
misappropriation of municipal funds.
