HC directs Goa Housing Board to hand over Cuncolim plots to allottees

PANJIM: The High Court of Bombay at Goa has issued a directive to the Goa Housing Board (GHB) instructing them to allocate residential plots in Panzorconi-Cuncolim to four respondents. 

These plots were slated for allotment almost 13 years ago, but were embroiled in a legal battle.

The GHB had formulated a residential plot sale scheme in Cuncolim before 2009, with four respondents—Govindraj Shanbhag, Vishwas Kankonkar (both from Cuncolim), Yeshwant Redkar (Sao Jose De Areal), and Rajendra Mishra (Gogol-Margao)—being declared as successful allottees. 

These respondents had also paid the initial allotment amount.

However, the GHB failed to transfer possession of the plots, citing reasons such as a lack of NOC ( no objection certificates) from local authorities.  It also stated that certain other government agencies had made a request for the area, to establish an engineering college and a football academy, and therefore, the GHB was unable to peform the agreement.

Consequently, the respondents approached the Adhoc District Court, Margao, which granted a decree in their favour in November 2011. In 2012, the GHB filed an appeal challenging this decree.

Justice Valmiki SA Menezes of the High Court has now directed the GHB to promptly hand over possession of the allotted plots to the respondents and obtain all necessary permissions and approvals, including the final NOC from the competent authority within the next eight weeks.

The court has mandated that the four respondents construct buildings on the allotted plots within three years of receiving possession and inform the GHB upon completion. 

The GHB’s request for the respondents to pay interest on the balance amount was rejected by the court, considering the prolonged legal battle since 2011.

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