HC flays Goa govt for giving land sans agreement

In a case involving a claim of over Rs 24 lakh towards license fees for the premises of Club Paradiso in Anjuna, the high court of Bombay at Goa has denounced the government for not entering into an agreement while entrusting the public premises to a private party in 2001.

The court observations came in the wake of a petition filed by one Nandgopal Kudchadkar, who is also facing eviction from the club premises following an order of the estate officer in February 2010.

Kudchadkar approached the high court as the district court in March 2010, directed him to furnish a bank guarantee of Rs 24 lakh in the matter while staying the execution of the eviction order of the estate officer.

Before the high court, the petitioner contended that that he was not liable to pay more than Rs six lakh. According to Kudchadkar, the district court could not have directed him to give a bank guarantee for the sum of Rs 24 lakh without finding out what the dues payable by him were.

While dismissing the petition, Justice N A Britto observed, “The petitioner was put in possession of the suit premises from November 7, 2001 and since then has been continuing in possession without any agreement and without paying the licence fees regularly. One fails to understand how public property was entrusted to the petitioner without entering into an agreement.”

Upholding the order of the district court for asking the petitioner to give the bank guarantee to secure the amount, the high court further held that the petitioner, who did not have any agreement executed with the Goa Tourism Development Corporation Ltd nor was regular in making payments, cannot be shown any further indulgence. The high court has granted the petitioner, at his request, two week’s time to furnish the bank guarantee before the district court.