IN THE HIGH COURT OF BOMBAY AT GOA WRIT PETITION NO. 223 OF 2009 STATE OF GOA THROUGH CHIEF SECRETARY AND ANR., ... Petitioners Versus ALL INDIA RADIO ... Respondent Ms. Susan Linhares, Additional Government Advocate for the Petitioners. Mr. M. Amonkar, Advocate for the Respondent. Coram:- N. A. BRITTO, J. Date:- 10th August, 2010 P.C.: Heard learned Counsel on behalf of both parties. 2. Upon a complaint made by the PWD, that respondent-All India Radio had encroached an area of 2807 square meters, a notice came to be issued to the respondent-All India Radio under Section 40 of the Land Revenue Code, 1968. That notice was disposed of by order dated 15/06/2001 of the Deputy Collector, Sub-divisional Officer, Panaji. The Deputy Collector in his said order dated 15/06/2001 observed that the land admeasuring 47,200 square meters forming a part of Survey No.32/1 was handed over to the All India Radio and the same was identified on the site plan produced by the respondent-All India Radio at Exhibit 30. 3. Counsel on behalf of the petitioners points out that the author of Exhibit 30 is not known in that there is no signature of the surveyor who had prepared the said plan. Counsel also submits that the land has been identified on the said plan-Exhibit 30 by red lines and one does not know who has drawn the said red lines. 4. The learned Administrative Tribunal in disposing of the appeal has observed that an area of 47,200 square meters of Survey No.32/1 was transferred by the Government to respondent-All India Radio and the said land is in their possession and was identified by the respondent on the said plan produced vide letter dated 12/10/1988 (i.e. Exhibit 30). 5. There is no dispute at all that the Government did acquire in the year 1981, 27,200 square meters and in the year 1982, 20,000 square meters of land to be given to the respondent-All India Radio i.e. 47,200 square meters. The correctness or authenticity of Exhibit 30 appears to be in doubt. Moreover, the fact remains that the said land was not identified in the course of the proceedings before the Deputy Collector. Counsel on behalf of the petitioner submits that in similar matters where there were encroachments, this Court had ordered an inquiry be conducted by the Deputy Collector and the dispute be decided thereafter. Particular reference is made to the judgment dated 15/04/2009 in a bunch of Writ Petitions one of them being Writ Petition No.476/2008. It is only after 47,200 square meters are identified and demarcated on site that it will be possible to find out whether the respondent-All India Radio has at all encroached on any land belonging to the State Government. Parties will do well in case they can agree for the appointment of a Commissioner to identify the said acquired land of 47,200 square meters and demarcate the same on site, but that will be for the parties to agree before the Deputy Collector or for the Deputy Collector to decide the same upon hearing the parties. 6. Since no inquiry was made nor the genuineness of plan-Exhibit 30 was proved, it is desirable that an inquiry is conducted into the claim made by PWD on behalf of the Government of Goa. 7. Considering the above, the impugned orders of both the Courts are hereby set aside and the matter is remanded to the Deputy Collector, Panaji for inquiry into the claim of encroachment made by the PWD. Parties to appear before the Deputy Collector on 1/09/2010 at 10.00 hrs. Records and Proceedings be sent back, prior to the next date. Proceedings be completed within six months. N. A. BRITTO, J. NH