MAIN ALTAR OF HOLY CROSS CHURCH OF QUEPEM
DISPUTED SITE STAYED IN VIEW OF THE DIRECTIONS GIVEN IN WRIT PETITION NO.71 OF 2000 PRESENTLY USED FOR PARKING VEHICLES OF THE FAITHFUL
IF THE NEW CHURCH IS BUILT AT THIS PLACE WHERE IS THE PARKING FOR THE FUTURE?
NEEDS OF THE PARISHIONERS INCLUDING THE YOUTH (OVER 900 AT PRESENT BETWEEN AGE GROUP OF 18 TO 24) WHERE THE PARISH PRIEST IS TRYING TO IMPOSE A SECOND CHURCH ON THE QUEPEM PARISHIONERS AT A DISTANCE OF 30 METRES FROM THE EXISTING CHURCH
STAY ORDER PASSED BY THE DY. COLLECTOR QUEPEM IN LAND CONVERSION 2000 ON 10TH JULY, 2000.
REVIEW APPLICATION FILED BY THE PARISH PRIEST TO RECALL THE ABOVE ORDER DISMISSED BY THE ADDL. COLLECTOR, SOUTH GOA, MARGAO IN CASE NO. AC-1/SG/COMB/26/2011 ON 15TH MARCH, 2012.
OWNERS NAME DELETED BY FILING APPLICATION UNDER SECTION 103 WHICH IS FOR CORRECTION OF ERRORS WHEN THE OWNER LEASED THE PROPERTY TO FABRICA DE IGREJA DE QUEPEM VIDE DEED OF PERPETUAL LEASE DATED 16TH JANURAY, 1987 WITH CONDITION NO. D THE LESSEE IS ALLOWED TO MORTGAGE THE PORTION OF THE LAND HEREBY LEASED ALONGWITH STRUCTURE, BUILDING ETC STANDING THEREON TO ANY BANKS OR FINANCING AGENCIES FOR THE PURPOSE OF DEVELOPMENT AND RAISING INCOME TO THE CHURCH.
QUESTION 1. CAN A CHURCH BE MORTGAGED FOR RAISING INCOME TO ANOTHER CHURCH ?
CONDITION NO. F: THE LESSEE IS FREE TO OBTAIN CONVERSION OF THE PORTION OF THE LAND FROM THE COLLECTOR OF GOA AND UNDERTAKE CONSTRUCTION OF COMMERCIAL BUILDING OR ANY OTHER PROJECT FOR THE BENEFIT OF THE LESSEE
QUESTION 2 : IS CHURCH A COMMERCIAL PROJECT ?
CAN ONE CHURCH BE CONSTRUCTED FOR THE BENEFIT OF THE OTHER CHURCH ? THE CONVERSION OF LAND IS APPLIED BY FR. MARIO VAZ IN HIS INDIVIDUAL CAPACITY AS THE NAME OF FABRICA DE IGREJA DE QUEPEM IS NOT MENTIONED ANYWHERE IN THE
APPLICATION FOR REQUEST FOR CONVERSION DATED 4TH MAY 2012.
THE ENTIRE PROPERTY ADMEASURING AN AREA OF 3,689 BEARING SURVEY NO.40/1 TO 40/20 IS ALREADY ACCORDED FINAL APPROVAL FOR THE CHANGE OF USE OPF ZONE FROM SETTLEMENT TO COMMERCIAL ZONE IN THE ZONNING PLAN OF QUEPEM VIDE GOVERNMENT LETTER NO.4-5-95-RD DATED 9/2/1995 AND CONVEYED TO THE PRESIDENT OF FABRICA DE IGREJA DE QUEPEM VIDE LETTER DATED 2/3/1995 BY THE CHIEF TOWN PLANNER N. PANDALAI WITH COPY TO THE JUNIOR TOWN PLANNER QUEPEM.
THIS LAND ATTRACTS THE DIRECTIONS GIVEN IN WRIT PETITION NO.71/2000 168/2000 WHICH DIRECTED THE REVENUE OFFICIALS TO STOP ALL THE CONSTRUCTIONS WHICH ARE GOING ON AND/OR IN RESPECT OF WHICH PERMISSIONS HAVE BEEN GIVEN WHERIN THE SURVEY RECORDS AS ON 2ND NOVEMBER 1990 SHOWED NAME OF THE TENANT(S) OR CO-TENANTS UNTIL FURTHER ORDERS OF THIS COURT. IT IS ALSO HELD IN THAT MATTER "IT IS NOT A MATTER OF CONSENT ARRANGEMENT BETWEEN THE TENANT ON ONE HAND AND HIS ERSTWHILE LANDLORD ON THE OTHER". IN THE SAID MATTER THE NAMES OF THE TENANTS WERE DELETED WITHOUT THE KNOWLEDGE OF THE LANDLORD AS THE LANDLORD WAS NOT MADE A PARTY AT ALL TO THE PROCEEDINGS BEFORE THE DY. COLLECTOR, QUEPEM FOR CORRECTION OF SURVEY RECORDS UNDER SECTION 103 OF LAND REVENUE CODE. AS PER GOVT. DIRECTIVES THE LAW DEPARTMENT SUBMITS THAT SUCH CASES DO NOT COME UNDER THE AMBIT OF CLERICAL ERROR. IF SO DISIRED, THE PARTY IN QUESTION, HAS TO FILE A CIVIL SUIT FOR DELETION OF ENTRIES IN THE RECORDS OF RIGHTS.
IN THE PRESENT CASE STAY ORDER WAS PASSED ON 10TH JULY, 2000 AND REVIEW APPLICATION WAS DISMISSED ON 15TH MARCH, 2012 HENCE THE ABOVE ORDERS ATTAINED FINALITY.
THE TENANTS NAMES FROM THE TENANT COLUMN ARE ALSO DELETED IN THE PROCEEDINGS UNDER SECTION 103 OF LAND REVENUE CODE IN A MECHANICAL MANNER MERELY TAKING AN AFFIDAVIT FROM THE TENANTS. NO FORMAL INQUIREIS ARE CONDUCTED REGARDING THE ASPECT OF RELATIONSHIP OF LANDLORD AND TENANT, NOR CONDUCTED ANY INDEPENDENT INQUIRIES SO AS TO ASCERTAIN WHETHER THE PROCEEDINGS INITIATED UNDER SECTION 103 OF LAND REVENUE CODE 1968, BEFORE THE THEN DY. COLLECTOR & SDO, QUEPEM WHEREIN COLLUSION WITH TENANTS.
THIS LAND ATTRACTS THE GOA LAND USE (REGULATION) ACT, 1990 WHICH CAME IN TO FORCE ON 2/11/1990 AND THE DELETIONS OF THE NAMES OF THE TENANTS TOOK PLACE ON 9/11/1992 IN CASE NO.TNC-47/92.
