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5.At the outset, it is necessary to mention here at this stage that the administration of Comunidades is governed by the Code of Comunidades (hereinafter ‘the Code’). Article 154 (3) of the Code empowers the Administrative Tribunal to grant permission to the Communidade to compromise terms in any suit to which the Communidade is a party.

6.The facts which have led to filing of the Writ Petition before the High Court can be summarised as under:

a) Two properties (hereinafter ‘Suit Properties’) belonging to the appellant, known as “Oiteil-De-Madel” bearing Survey No. 448/0 & “Levelechy Aradi” bearing Survey No. 440/0 are situated in the village of Tivim in the taluka of Bardez  in Goa and were leased to the predecessors-in-interest of the private respondents by the appellant, in July, 1978.

e) The above-mentioned appeal remains pending before the Appellate Court till date. All the same, during pendency of the Tenancy Appeal, an Extraordinary General Body Meeting of the appellant was held on 14.03.2021, in which members of the appellant deliberated upon the Tenancy Appeal and also considered the fact that if the appeal fails, they stand to lose a major chunk of land held by the Communidade. It is at this meeting that the Communidade resolved that as a compromise, the land in dispute could be bifurcated into a 60:40 sharing ratio, with 60% of the land being allotted to the private respondents and 40% of the land to be retained by the communidade.

f) Pursuant to the above, Managing Committee of the Communidade had further deliberations and finally, a General Body Meeting was convened on 31.10.2021 wherein consent terms were finalised and agreed upon. All the same, before filing these consent terms before the Appellate Court, permission was needed from the Administrative Tribunal in terms of Article 154 (3) of the Code. Accordingly, on 22.02.2023, respondent No. 2 herein i.e., Administrator of Communidades forwarded the consent terms to the Administrative Tribunal for approval.

20. As regards the submission of the learned counsel relating to Art. 30 (4) (g) of the Code, it is to be noted that the said provision merely empowers a Communidade to deliberate upon terms of compromise, which upon finalisation, has to be forwarded to the Administrative Tribunal. By no stretch of imagination can this provision be construed to mean that it confers an unfettered power on the Communidade to enter into a compromise, without the Tribunal’s sanction.