TEAM HERALD
teamherald@herald-goa.com
MARGAO: Holding that the company has not only illegally converted, but also destroyed cultivable land without any fear of the laws, South Goa District Collector ND Agrawal on Monday directed a Margao-based mining company to restore tenanted land admeasuring 1.16 lakh sq mts used for storage and stacking of ore to its original use within 30 days.
In a significant order, the Collector has also imposed a penalty of Rs 10 per sq mt, which roughly works out to Rs 10.16 lakh. The company will be liable for a further penalty of Re one per day on every square meter illegally converted if it fails to restore the land back to its original use within the stipulated time.
The Sanguem Mamlatdar has been directed to submit the status report after inspection of the site by February 15.
The order has disposed off an application dated September 2, 2011 received from Maina Ore Transport Pvt Ltd, Villa Flores Da Silva, Erasmo Carvalho Street, Margao under Section 32 of the Land Revenue Code for permission to change use of land from agricultural to non-agricultural purpose admeasuring 1,16,545 sq mts for the storage/stacking of mining overburden purpose in Santona village of Sanguem taluka.
Incidentally, in reply to the show cause notice, the company contended that the agricultural land is already being used for the purpose of storing of mining dumps outside mining activities. Moreover, the company maintained that it had purchased the property by Sale Deed dated November 29, 1988 after the tenant Santan Pedro Pinto and his wife Marianinha Gomes consented to the sale of the property by waiving their right on the property.
In his order, however, the district Collector observed that the admission by the company makes it clear that the land in question was covered under the provision of the Goa Daman & Diu Agricultural Tenancy Act, 1964. He, therefore, said that surrender, if any, has to be done under Section 10 of the said Act, adding that any surrender made out of the provisions of Section 10 are null and void. “The company purchased the property in 1988, 12 years after the 5th Amendment Act came into force. As per this Act, if the Tenant purchaser fails to pay purchase price, land shall be at the disposal Mamlatdar and Mamlatdar requires to dispose the land as provided under Section 18-J of the Tenancy Act. Hence, the purchase made by the company is null and void and the land cannot be used for other than agricultural purpose,” the Collector said.
Saying that the company has illegally converted agricultural paddy field to non-agricultural purpose after 1988, Collector observed that this act of the company is also against the provision of Section 33 of the Land Revenue Code and hence liable for action under the LRC.
“The company has not only done illegal conversion, but has destroyed the cultivable land, without having any fear of the laws of the land. Hence the land is required to be restored to its original use and at the same time the company is also required to be penalized for the wrong,” the Collector added.
