HC notice to Parulekar over comunidade land (ToI)

TNN | Oct 23, 2013, 02.16 AM IST PANAJI: The high court of Bombay at Goa on Tuesday issued a notice to the tourism minister, Dilip Parulekar, and others on a public interest litigation challenging the process of regularization of the alleged encroachment by him on Serula comunidade land admeasuring 599 sq m at Alto Porvorim. The high court has also sought replies from the state government, comunidade of Serula and the administrator of Bardez comunidade. Social activist Aires Rodrigues, who filed the PIL, stated before the high court that the administrative tribunal was not empowered to pass the order of regularization of the land in survey number 376/6 at Alto Porvorim, along Chogm road in favour of Parulekar. Rodrigues also argued that last year the tribunal passed the order contrary to the provisions of Article 380 of the Code of Comunidade. Rodrigues has pointed out in the petition that as per Article 380, regularization is possible only in cases of lands which are valued at less than 1,800 escudos or Rs 300. While alleging that the value of the area encroached and sought for regularization is more than Rs 1 crore, Rodrigues said that the comunidade has mentioned the price as Rs 3,41,320. He alleged that the process of regularization, including the resolutions of the comunidade and the order of the administrative tribunal, are without jurisdiction. "The misuse and abuse of power and the orders that were passed entirely without jurisdiction and contrary to the provisions of the Code, has caused immense injury to a public institution like the comunidade, which is under the tutelage of the state under the Code, and has defrauded the comunidade of its prime land at a throw-away price, to the detriment of the communidade and its funds," Rodrigues has stated in the PIL. http://timesofindia.indiatimes.com/city/goa/HC-notice-to-Parulekar-over-comunidade-land/articleshow/24559547.cms

'Govt-appointed panel doling out Serula land' (ToI)

TNN | Oct 22, 2013, 04.31 AM IST PANAJI: The managing committee of Serula comunidade, which was elected on January 20, 2013, is agitated over its non-functioning status, alleging that another government-appointed panel is resorting to illegal actions in doling out land to their favourites. The managing committee comprising president Antonio Lobo and attorney, Eurico Mascarenhas, amongst others, was elected to head one of the biggest comunidades in Goa with large tracts of land in Socorro, Salvador do Mundo, Penha da Franca, Ecoxim and part of Pomburpa. "Though, there were reports of cancellation of the polls on January 20, 2013, we went ahead with the process as per the code of comunidades," a gaunkar said. But another gaunkar, Cezar Pinto challenged the elections before the administrative tribunal, alleging that the poll had been held despite issuance of an order of cancellation. Administrative tribunal judge Ulhas B Pai Raikar dismissed the petition on September 25, 2013, though the election of the panel headed by Lobo was not nullified. The panel is agitated that the administrator of North Goa comunidades has not sworn-in the managing committee and allowed them to take charge. "A lot of illegalities have taken place at the temporary committee's behest, though it does not have the mandate to take any major decisions, and politicians have become beneficiaries of it. Some are even carrying on business in the allotted land," attorney Eurico Mascarenhas alleged. A delegation of the managing committee submitted a memorandum to the administrator of North Goa comunidades, Laura Britto, demanding that they be allowed to function after the dismissal of the election petition. "The administrator of comunidades did not administer the oath of office to our elected committee earlier, nor has the official done it now after the plea was dismissed," a gaunkar alleged. The other members are substitute president Elchier J Pinto do Rosario, substitute attorney Edgar Frias Pinto, treasurer Norman Albuquerque and substitute treasurer Cyriacus Agnelo Sanches. "If the administrator doesn't install our panel in office as per article 125 (2) and article 30 read with section 31 of the code of comunidades, we will initiate legal action against her," Mascarenhas told TOI. The administrator could not be contacted as Britto has been transferred. Maya Pednekar has taken charge, but was not in office and unavailable for comment. http://www.indiapress.org/gen/news.php/The_Times_of_India/

Gaonkars want governor not to endorse Land Bill (ToI)

TNN | Oct 13, 2013, 12.34 AM IST PANAJI: A section of gaonkars of comunidades are agitated over the government's proposal to regularize encroachments in comunidade lands through an amendment of the Goa Land (Prohibition Of Construction) Act, 1995, and have decided to petition the governor not to endorse the bill. "The encroachments have stood on comunidade lands all these years as the government deleted an existing clause allowing civil courts to hear cases of encroachment. It instead delegated the powers to administrators of comunidades of north, central and south zones and these political appointees failed to act on the encroachments," said Andre Pereira, general secretary, Association of Components of Comunidades. The government has proposed to regularize old encroachments on comunidade and government lands and initiate action to demolish new constructions, chief minister Manohar Parrikar informed the Goa assembly recently, while responding to leader of opposition Pratapsingh Rane's private members resolution urging immediate action against illegal constructions. Parrikar assured the House that efforts would be initiated to identify and maintain a record of government and comunidade lands, even as the demolition of new encroachments had started and 40 such had been razed. Former revenue minister, Jose Philip D'Souza had floated a proposal in 2001 to regularize all illegal structures on comunidade lands with a cut off period of June 14, 2001. But gaonkars, terming it an interference in their private affairs, had opposed the move. "Comunidades are private bodies and the government is only overseeing their administration and proper functioning as per the Code (of Comunidades)," said Luel Fernandes, a Chandor comunidade zonnkar. While the usual practice has been to discard old laws after Goa's liberation, the government accepted the Code of Comunidades and instead brought in manipulative amendments to interfere in their private business, point out the gaonkars. "The government should quote the law, under which regularization is being sought to be done, if it is under democratic principles," Fernandes told STOI. Concurring with him, Pereira said the government is attempting to regularize the encroachments through the 1995 Act. "The law is applicable or relevant to public authorities and those occupying public properties and not to private bodies like comunidades," he said. A bulk of the encroachments in Moti Dongor (Margao), Vasco, Vaddem, Sancoale, Mormugao (all in Mormugao taluka), Navelim (Bicholim) and other areas are in land designated under the law as reserve lands for cattle grazing, open spaces, harvesting grounds and other community uses. "In Cortalim and Verna, these lands were acquired for industrial uses, but in other places encroached heavily by others," said Pereira. The record of rights and documents maintained by the department of land records and survey now just show them as comunidade lands. They don't show the original land use, and those deriving the benefit have been deprived. The decay in the comunidade system worsened after the government amended the code of comunidades in October 1986. "The original Articles 371 and 372 in the code, providing the comunidades the power to file suits against encroachers and trespassers before the civil courts were deleted," explained Pereira. The petitions for removal of illegal structures were directed to the director of civil administration (collector), who in turn, delegated the powers to the administrator of comunidades. Pereira pointed out that the Supreme Court order that community lands cannot be allowed to remain encroached and trespassed by any person and the state should clear them has been ignored. tnn Times view The comunidade administration in Goa was an example for other states to follow, but today the politics of governance and selfish interests within the comunidades has brought disrepute to the institution of comunidades. The government must be protective of the spirit of comunidades instead of allowing the loss of their land through the proposed regularization of encroachments. Instead of playing to the galleries, the government should take a firm stand on illegalities and allow the land to remain for the communities. http://timesofindia.indiatimes.com/city/goa/Gaonkars-want-governor-not-to-endorse-Land-Bill/articleshow/24059404.cms

'BJP playing vote bank politics' (ToI)

TNN | Oct 13, 2013, 01.06 AM IST MARGAO: Reacting to the government's decision to implement the amended Goa Land (Prohibition on Construction) Act, 1995, which states that all old illegal structures on comunidade land would be regularized, Croydon Medeira, president of Collective People's Voice of South Goa, ridiculed the chief minister for attempting to take such a decision. "We warn the government against implementing such a decision and we will hit the streets if they do so. We will bring all like-minded people under one banner to oppose this move," said Medeira in a statement issued on Saturday. Medeira said this decision clearly implied a back door entry for the chief minister to save migrant encroachers on comunidade land, particularly those residing in Monte Hill, Sancoale and Zuari Nagar. He said this is a definite way to sabotage the efforts of the comunidade of Margao and Aquem to clear Monte Hill and Tolsanzor of illegal structures. He claimed the decision was taken in view of either the upcoming Lok Sabha elections or for the benefit of the BJP party at the next assembly election. "This attempt of the chief minister is at the cost of the Goan public and the lives of Goans," said Medeira. Medeira called it an irresponsible move at the cost of security of Goan lives and hoped that better sense prevailed. http://timesofindia.indiatimes.com/city/goa/BJP-playing-vote-bank-politics/articleshow/24059825.cms