NT Reporter
Panaji
The High Court of Bombay at Goa has dismissed a
petition filed by the comunidade of Margao challenging an order directing it to refund over Rs 67 lakh received as compensation for land acquired
for the expansion of National Highway 17 (now NH-66).
The court upheld the directive issued by the
Competent Authority of Land Acquisition (CALA), PWD Cell, which directed the comunidade to return the amount after it was found that the compensation rightfully belonged to a tenant who had obtained absolute ownership of the land more than three decades ago.
The matter dates back to 2017, when land acquisition proceedings were initiated under the National Highways Act for widening NH-17 into NH-66 across several survey numbers in Salcete taluka.
On October 31, 2018, CALA passed an award acquiring 1,300 sqm forming part of Survey No. 72/7 in Navelim village.
The total compensation for the acquired stretch was calculated at Rs 3.6 crore.
Revenue records (Form I & XIV) listed the Comunidade of Margao as an occupant alongside a tenant.
Under the 2018
award, CALA placed the compensation in a revenue deposit, stating that
disbursement would
follow verification of legal tenancy orders issued by the Mamlatdar.
Despite this, the comunidade subsequently applied for and secured withdrawal of 50% of the compensation without notifying the tenant, Miguel Rosario Cardozo, or disclosing his pre-existing purchase of the land.
In September 2023, Cardozo approached CALA seeking release of the entire compensation amount.
He produced a Purchase Certificate dated November 29, 1993, issued
under the Goa, Daman and Diu Agricultural Tenancy Act, confirming that he
had purchased the land
and become its absolute owner decades before the acquisition.
Consequently, on September 19, 2024, CALA directed the comunidade to refund the Rs 67.05 lakh it had withdrawn.
