Indian Kanoon - Search engine for Indian Law

11. Nevertheless, learned Counsel on behalf of the Goa Housing Board submits that the Communidade's land was not freehold land and had restrictions for its sale imposed under the Code of Communidades, 1961 and in this context learned Counsel has placed reliance on an unreported Page 2808 Division Bench decision of this Court dated 21/12/2004 in First Appeal No. 5/2004 in the case of Communidade of Kerim v. Land Acquisition Officer and Anr. wherein this Court referring to its earlier decision in the case of Communidade of Candolim v. Deputy Collector (North), Panaji dated 28/09/2004 in First Appeal No. 218 of 2002 observed that the land held by the Communidade is not a freehold land and its free use is not permissible as it suffers from statutory restrictions and the obvious consequences that would follow from the same is on its market value and therefore such land could not be compared with other sale instances in respect of the freehold land.