HC quashed & set aside order regularising Serula Communidade Land
Allowing the Public Interest Litigation petition filed by Adv. Aires Rodrigues the High Court today in its judgment ruled that the order passed by the then President of the Administrative Tribunal Zaiwant Porobo on September 27th 2012 regularizing the land in favour of Dilip Parulekar was bad in law and could not stand judicial scrutiny.
Adv. Aires Rodrigues had in his petition pointed out to the High Court the blatant misuse and abuse of power by Tourism Minister Dilip Parulekar, in connivance with his Under Secretary Irene Sequeira who was also the Administrator of Communidade of North Zone, and Peter Martins the attorney of the Communidade of Serula who conspired to fraudulently hand over to the Tourism Minister on a platter, valuable Communidade land at a throw away price in the guise of regularizing his encroachment to the extent of 599 sq meters.
Pointing out that as per clause 1 of Article 380 of the Code of Communidade regularisation was possible only in cases of land which is valued at less than 1800 escudos or Rs 300, Adv. Rodrigues had in his petition further stated that the market value of the area encroached by Dilip Parulekar was more than Rs. one crore and that the Communidade had illegally given it away to him for a mere Rs 3, 41,320/- .
Stating that the encroachment made by Dilip Parulekar could not have been regularized under law, Adv. Rodrigues had alleged that the entire process initiated for regularization commencing from the resolutions of the Communidade to the order of the Administrative Tribunal granting permission was void being entirely without jurisdiction and contrary to the Code of Communidade.
Alleging that the misuse and abuse of power could not have been more apparent, Adv. Rodrigues had in his petition stated that the whole malafied process of giving away this prime land to Tourism Minister Dilip Parulekar smacked of the malaise of corruption which had to be nipped in the bud before it further spread and destroyed the very fabric of society.