PANJIM, AUG 12
The State Government’s plan to acquire 3000 sq mts of open space in La Marvel Colony at Dona Paula for Rs 55 lakh for Corporation of the City of Panjim (CCP) to be used as land fill site has ran into trouble.
The Bombay High Court at Goa on Thursday passed an order staying payment of the amount under the Land Acquisition Act after La Marvel Residents Welfare Association (LMRWA) challenged the acquisition alleging scam in the acquisition deal.
They charged that public money is being squandered on purchasing land which is not totally usable for the purpose which the government intends to put to use.
Erstwhile owners of the land — one Mendonsa family and the developer of the land — Real Estate Agencies (REA) have staked their claims in the share while the plots were developed about thirty-five years ago.
The government agreed to pay Rs 500 per sq mts for land admeasuring 1000 sq mts which is a quarry and Rs 1500 per sq mts for balance 2000 sq mts of flat land.
The petition also raises the question about valuation of the land done and at high price.
The petition filed through Evaristo Fernandes, President LMRWA, charged that the government went ahead with land acquisition proceedings even as they intimated CCP that they would not object if it used the quarry as land fill site. In a way, petitioners indicated that the land need not be acquired and, at such high value.
When the matter came up for hearing before the Division Bench of Justice A K Oka and Justice F M Reis, today morning, the counsel for the petitioner, Adv Joseph Vaz submitted that though the government sought to acquire 3000 sq mts of land at Rs 55 lakhs — only 1000 sq mts could be used for land fill site which is a quarry.
He also that under Planning & Development Authority (PDA)’s Development Plan 2000 Rules, “Open spaces shall be deemed to be zoned as Zone R (recreation) and shall be jointly held and developed and maintained by the owners of the sub-divided plots unless they are transferred to local authority .”
In this case, no such transfer had taken place.
The REA has staked claim before land acquisition officer in the capacity as partnership firm, the petitioners submitted a letter to the Court obtained from Registrar of Firms office saying REA was not found registered as partnership in their books.
The Court will next hear the matter on September 6. Meanwhile permission has been granted to LMRWA to make fresh representation to CCP giving their consent for use of open space as land fill site. It is learnt that the government was set to make payments to the two stakeholders and cheques were kept ready.
