SURAJ NANDREKAR
suraj@herald-goa.com
PANJIM: At a time when the people in Goa are up in arms over the government taking over fertile lands for big ticket projects, here is an interesting case wherein the State cabinet and bureaucracy came together to de-notify prime land of a non-Goan builder at Dona Paula.
On Wednesday, the Council of Ministers resolved to accord approval for de-notification of the road acquired in Survey No. 34/1 of Bambolim in Tiswadi and for transfer of 1,988 sq mtr of land under Survey No. 34/1A, which was acquired by PWD and remained unutilised to the owners against allotment of 2309m2 from the owners to PWD through gift deed under Survey No. 34/1, 34/4 & 35/1 of Bambolim and re-mutation.
The Cabinet note, moved by PWD, states that the land in question was acquired for construction of Bambolim to Dona Paula road in 1972, for an area of 9,849 sq mtrs.
The land acquisition process was initiated in the form of plot numbers for the project – ‘Construction of New Road Linking Dona Paula with Bambolim’ under Case no LAO 92 in 1972.
Accordingly, the note states that, PWD took up the construction of a 6-metre wide road and the then prevailing site conditions. Thereafter, the govt decided to convert the plot numbers into survey numbers and the acquired land was designated with survey numbers.
The PWD took up further improvement of the existing road and it was widened from six metres double lane, to 25 metres 4 lane including footpaths, it added.
“In this regards, it is to submit that the existing road constructed as detailed at Para 5 and widening of road as detailed were not taken up as per the original alignment at some locations and this could be due to the error in superimposition; due to encroachments on the acquired land; site conditions; and time constraint in view of Lusofonia Games; and also due to the fact that the work had to be completed within time schedule,” the note further reads.
Interestingly, the note states that on January 28, 2020, Goan Real Estate and Construction Pvt Ltd (GRECPL) wrote to PWD wherein it was informed that the land acquired by PWD under Survey No. 34/1A and 34/4A be returned to them as the acquired land was not utilised by PWD for road work. This is when the bureaucracy and the government swung into action.
“M/s GRECPL has requested PWD that total area, which is not utilised by PWD under Survey No. 34/1 A and 34/4 A is 1988 m2 & 252 m2, which totals to 2240 m2 to be returned to them as they have purchased the property under Survey No. 34/1,” the note reads.
Subsequently, the note further states, that they received a letter from Additional collector-I, North Goa, regarding incorrect partitioning of Land Survey No. 34/1 and 34/4 owned by GRECPL in favour of PWD Works Division II.
Following this PWD asked for re-survey of the existing road alignment and with the assistance of DSLR, officials from the Collector (North), PWD and GRECPL. A detailed report was submitted by the Office of Collector (North) dated 03/07/2020, wherein it is mentioned that in order to settle this particular issue; there is need for denotifying the original acquisition plan/alignment of the road and notifying the alignment of the existing road by the acquiring department ie PWD.
It also said, that if the alignment of the proposed road is de-notified, the decision needs to be taken to revert the acquired land to the owners, along with that part of the land, which is unused by PWD; as the purpose for which the land was acquired, does not exist now as it will not be practically possible to take possession of the entire stretch of acquired land due to the presence of other structures as well.
“After surveys it was seen that an area of 809.00m2 has been utilized from the property now owned by GRECPL, by PWD for road work without acquisition and an area of 2240.00 sq mts land is in possession of the PWD which is not utilized,” PWD states.
Accordingly, it was decided based on the above that area admeasuring 809.00 m2 which is in the same Survey No, needs to be returned to GRECPL as this area was utilised by PWD without land acquisition for improvement of MDR-3.
GRECPL has also intimated that 500 sq mtr area for construction of water tank by PWD through Works Division III and 1000m2 of land for Electricity Department is allotted by them without claim of any compensation for these areas, PWD says.
Thereafter, a meeting was held by Collector (North) on 16/07/2020 wherein the officials from PWD and GRECPL were present to discuss the issue in regards to partitioning of land owned by PWD and GRECPL.
“Based on the above meeting it was proposed that PWD will take up the proposal for de-notification of the road acquired in Survey No. 34/1. Since, M/s GRECPL have intimated that an area of 1500m2 is allotted to the govt as stated at Para 20, the same needs to be allotted to PWD through Gift Deed. In regards to this the officials of GRECPL have agreed for the same,” PWD note says.
Hence, it adds that 809 sq mtr of land utilised by PWD without acquisition which belongs to GRECPL shall also be allotted to PWD through gift deed.
