oHeraldo, Sunday June19, 2022
Govt out to ‘bulldoze’ and ‘destroy’ Comunidades, say experts
Say government has no powers to introduce or pass any amendments to Code of Comunidades unless the same is approved in the statutory convention of 223 Comunidades
The proposed amendments, which are likely to be introduced in the ensuing monsoon session of Goa Legislative Assembly, seek to alter six articles of the Code of Comunidades, besides inserting new Article which enables “grant of land for public projects” to the State government.
Association of Components of Comunidades secretary Adv Andre Pereira said that the amendment to any provisions of the Code of Comunidades is not within the legislative domain of any State Legislature. “It is not a law enacted by any legislature, but a conventional customary law of which amendment is subject to Article 652 of Code by holding Comunidade conventions,” he said.
An activist-cum-expert Soter D’Souza said that government is on destructive mode of Comunidades. “There is no doubt that government is interfering with this traditional Code. The powers are being neutralised. The government has done this in the past and the result of which is Serula Comunidade illegalities where the unwanted elements have taken hold of it and destroyed it,” he said.
D’Souza said that government in the past too had diluted the powers of Comunidades and now they want to further “weaken” it. He said that even the components of Comunidades are also not serious and hence allowing government to interfere.
Former Loutolim Comunidade president Franky Monteiro said that the move by the government is to bulldoze the powers of the Comunidades. “Any amendment to the Act has to be done by convening convention of the managing committees of all the Comunidades. This has not happened. Convention has not been held for last 10 years. The last which was convened in January 2019, was adjourned,” he said adding the Code cannot be amended without consent of the convention.
Monteiro fears that the attempt could be also to give backdoor entry to the Goa Bhumiputra Bill, which has been withdrawn.
Under Secretary (Revenue - I) Girish Sawant had on May 27, circulated a draft of the amendments to the Administrators of Comunidades of North, South and Central, seeking feedback or consultation with the managing committees of various Comunidades before submitting it for the government approval.
“We are going to deliberate the amendments, as suggested, among our Comunidade components across Goa and submit our views with respect to these amendments,” Guirim Comunidade president Tulio de Souza said.
De Souza said that many of these amendments are really not required and they need to be analysed very carefully. “We need to be careful, so that we should not land up losing Comunidade land just because the government has some other agenda or motive,” De Souza said.
Nagoa Comunidade Attorney Joao Philip Pereira opposed government’s move to insert Article 334 C and Article 334 D i.e. regarding acquisition of Comunidade land for public projects. He argued that as per Code of Comunidades, any land given on lease has to be by following a proper procedure and consent of the general body has to be obtained. He also opposed Article 372A citing Supreme Court judgment which stated that community lands cannot be encroached upon.
Reacting to the government’s decision to regularise illegal structures on Comunidade land, Pereira said only irregular structures can be regularised and not illegal structures built on Comunidade lands. He demanded that any amendments to Code of Comunidades should be in consultation with the Comunidades of Goa as per Article 652 of Code of Comunidades.
Visitacao B Monteiro, a villager from Tivim said that there is a clear cut attempt to finish the Comunidades. “The land is owned by the committee or gaunkari and not by the government. This government does not own this land and hence they are trying to encroach into it,” he said.
Monteiro said that the role of the government is to provide administrative tutelage to the Comunidades and nothing beyond that. “The government wants to just finish this age-old body,” he commented.
Former Mormugao Comunidade president Gandhi Henriques claimed that the government cannot override the provisions of Code of Comunidades, which are in force, He charged that politicians are playing with the emotions of the Comunidade members.
The government cannot regularise illegal constructions on Comunidade land as it requires views and opinions of respective Comunidades, who are the real owners of the land, said Henriques, who is also the former Attorney of Mormugao Comunidade.
Sancoale Comunidade president Pratap Mardolkar said that Comunidades cannot afford to give its lands to the government because Comunidade lands are meant for community proposes. He suspected that the government will utilise Comunidade lands for industrial purposes and it may not serve the purpose of public utility.
Mardolkar also opined that each and every shareholder should be entitled for 400 square metres of Comunidade land for his purpose provided they are charged.
Camilo Baretto, Attorney, Davorlim and Dicarpale Comunidade said, “The proposed amendments to Code of Comunidades are only aimed to take away the land for the political benefits and not for the betterment of the State. We are totally opposing the move of the government. If the government intends to acquire the land up to 5,000 square metres without the consent of the comunidade then why should there be a committee to run the affairs? The government must remember the comunidades have played a major role in protecting the land of Goa since for the last several years.”
“We have already submitted our written objection to the government pertaining to the amendments to Code of Comunidades. We are not in favour of what the government is planning to do. Many comunidades are already on the losing side due to illegal encroachments on the comunidade land, and these amendments will add more problems, if done,” said Minguel Soares, Attorney, Raia Comunidade.
https://www.heraldgoa.in/Goa/Govt-out-to-%E2%80%98bulldoze%E2%80%99-and-%E2%80%98destroy%E2%80%99-Comunidades-say-experts/190736
