Govt. out to 'Bulldoze' abd 'destroy' communidades in Goa

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Monteiro fears that the attempt could be also to give backdoor entry to the Goa Bhumiputra Bill, which has been withdrawn.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

ED action against Socorro sarpanch exposes BJP govt's corrup

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http://timesofindia.indiatimes.com/articleshow/76801963.cms?utm_source=contentofinterest&utm_medium=text&utm_campaign=cppst

Socorro, Saloi locals stop tree felling in private forest

TNN | Updated: Sep 25, 2016, 02.23 PM IST

PANAJI: Residents of Salvador do Mundo (Saloi) and Socorro stopped illegal felling of trees undertaken by some workers in a private forest at Salvador do Mundo, after they were made aware of the clandestine activity that was under way upon forest land on Serula plateau.

The land, survey number 236/0, has been earmarked as private forest by the Sawant andKarapurkar committees. Situated near the once-proposed IT Park project site, it is accessible through a road that was tarred for the same. The IT Park project was scrapped by the state government after a National Green Tribunal order in 2014 stated that the lands earmarked for the project as well as its contiguous areas were private forest.


http://timesofindia.indiatimes.com/city/goa/Socorro-Saloi-locals-stop-tree-felling-in-private-forest/articleshow/54502960.cms

The sale of Serula - plot by plot (Herald)

From a mere 20 sq mtrs of a kiosk in 1990, Tourism Minister Dilip Parulekar, along with his brother Pramod managed to obtain 599 sq mtrs of land illegally over 25 odd years, though the minister has emphatically denied the same. Despite various cases against him, nothing seems to be done against this blatant land grabbing. BASURI DESAI notes down the details

By BASURI DESAI | 05 Jun, 2016, 07:19AM IST

With land getting more and more scarce and comunidades becoming easy prey, scams revolving around these age old Portuguese institutions have been surfacing in the State. While small instances of land grabbing go unnoticed, the matter is magnified when the names of ministers crop up.

Tourism Minister, Dilip Parulekar’s is one of the names that has cropped up for his part in the Serula comunidade land grab case. The Minister, however, has attempted to defend himself. As per his clarification, he first took the plot on lease with survey number 376/6 in Soccoro village in the year 1990. However, as per records of the village panchayat, facts are contradictory to his statements. 

The tale of the land grab is an interesting one. From the 20 sq mtrs of the shade (the areas leased out to Parulekar), how he’s grabbed 599 sq mtrs is worth wondering. 

Additionally, he and his brother Pramod have also  allegedly illegally occupied property in survey numbers 379, 379/1, 380 and 389/1. The crime branch has launched an extensive investigation in this case which is one of the most significant cases of this decade.

Allegedly, the brothers have also grabbed four other properties in the same area. The land under scrutiny houses Parulekar’s hardware shop on Chogm road in Porvorim, besides other properties. A writ petition was filed before the Goa branch of the Bombay High Court in this matter and the order was also passed to retain the land.

Similarly, Gaunkars of the Serla comunidade have also separately filed a writ petition in the court challenging the said allotments. After the amendment to the code of comunidade in year 2001, Parulekar applied under article 372-A for the regularization of the unauthorized encroached area of 327 sq mtrs in survery numbers 376/6 and 379 in the comunidade. The article clearly states that the regularization of the encroachment is purely for residential purposes only. More importantly, the code of comunidade doesn’t allow the property owned to be given for commercial purposes. However, using his political influence in the last 20 years, Parulekar is using the said plot for commercial purposes. 

In 2004, he reportedly grabbed even more property and finally in 2014, a total of 599 sq mtrs was sold to Parulekar under survey number 376/6. The land was encroached on and illegally purchased without following the proper procedure of the code of the comunidade. 

The High Court in its order in Feb 2014, following the writ petition filed by Aires Rodrigues, directed the government and comunidade to proceed with the process of regularization of the encroached land in accordance with the law. Unfortunately, state authorities have, so far, not framed the guidelines to regularize encroached land of the comunidade as per the petitioner Trajano D’Mello who challenged this order.

In Feb 2014, Serula comunidade gave permission to construct a residential cum commercial building in the same plot. Presently, only nine shops have been constructed in the same plot, out of which two belong to the minister and his brother.

Another plot in survey number 389/1 was allegedly illegally allotted to Pramod in October 2012, despite a high court ruling in March 2011 wherein the High Court directed that till the conclusion of the inquiry, the managing committee would not take any decision with regard to the disposal of the property of Serula comunidade. Despite this, the comunidade granted the plot to Pramod. 

The High court recently directed the Goa government through the North Goa collector, North Goa Planning and Development Authority and village panchayat of Socorro to stop Parulekar and 10 other respondents from occupying unauthorized premises constructed illegally on the land of the comunidade where illegal shops were built for rehabilitation. 

Meanwhile, the complaint filed by Aires Rodrigues at the Porvorim police station which was later shifted to the crime branch has reached court because the crime branch hasn’t carried out an investigation within the time frame. 

The court, last week heard the arguments and reserved direction for June 17. On October 17th, 2014, the court directed the crime branch to complete the investigation within a month but it wasn’t done. After realizing that no action was being taken, Rodrigues approached the court seeking direction. 

Under section 156 (3) of the criminal procedure code, the Mapusa JMFC on January 16th, 2014 directed the Porvorim police to register an FIR for offences under sections 119, 120, 420 (read with 120-B) of the IPC against Parulekar, Peter Martins, then attorney of the Serula comunidade and Irene Sequeira, then administrator of the Bardez comunidade.

Besides politicians, there are many government officers and police who have illegally grabbed comunidade land by forging documents required to obtain the plot under the provisions of the law.

http://www.heraldgoa.in/Review/The-sale-of-Serula-plot-by-plot/102707.html

Commundiade Survived bec'... (herald)

Herald, 30th November 2014

No audit in comunidades for over four decades (ToI)

Paul Fernandes, TNN | Aug 23, 2014, 01.07AM IST
PANAJI: An illegal plot allotment scam in Serula comunidade exposed the financial mismanagement in the resource-rich
institution, but merely scratching the surface in most other 222 comunidades' affairs is likely to unearth tonnes of irregularities, as the process of audit ceased more than 40 years ago.

All comunidades are accountable to their stakeholders and bound by the code of audit practice but the audit process has largely collapsed in 223 comunidades governed, hierarchically, by three administrators of north, central and south zones and the administrative tribunal.

"The last known process of auditing had been carried out many decades back," Andre Pereira, secretary of the association of components of comunidades, said.
 
The hoary institution of comunidades, based on the unique concept of sharing benefits from community land, is witnessing a progressive decline.

The lack of transparency in the age-old bodies, dating back to the pre-Portuguese era and often referred to as village republics, is just one of the ills plaguing the system.

"Every comunidade is beset by malpractices, illegal sale of land and swindling of funds. Vested interests fight for the opportunity to become members of the managing committees to achieve their selfish ends," Pereira alleged.

Many of the 223 comunidades draw up their budgets and financial accounts and even submit them to the respective administrator, as per the rules, but the administrators' offices routinely accept the accounts without an internal audit.

"As a practice, some comunidades do submit the accounts, but the administrators' offices hardly vet them. There should be an audit, but the files are not sent to the administrative tribunal for external audit," Polycarpo D'Souza, a comunidade component, alleged.

The administrators' offices have also benefitted from the lack of audit from the administration. "The system is not working. Comunidades pay derama (10% of their income) to administrators, but no accounts of financial matters are kept transparently," D'Souza added.

An air of ambiguity over procedural matters prevails in the administrative tribunal. "The financial accounts were received earlier, but have stopped for more than 30 years," a source in the administrative tribunal office said. The officials are unable to state why penal action has not been initiated in the matter.

The administrative tribunal had passed an order in1997, directing that all three administrators of comunidades in Goa restore the process of auditing in comunidades. Taking cognizance of the lack of adequate manpower in the tribunal, he had assured that once accounts are submitted, the requisite infrastructure could be drawn up. But the order has remained only on paper.

An official in one of the administration offices bemoaned the lack of adequate staff to carry out the exercise. "There is no separate cell for it," the source said.

Gaunkars also concede that poor knowledge about comunidade affairs compounds the problem. "The government-appointed administrators hardly understand the code of comunidades and wily clerks often manipulate things," D'Souza said. Frequent transfers of these officials and additional duties add to their woes.

In this scenario, the managing committees often indulge in unbridled corruption. The clerks operate several bank accounts to avoid scrutiny of gaunkars and shareholders. A few of them are also members of the panchayat and secure approvals on both sides to allot plots illegally. Many cases of shady dealings have been swept under the carpet due to lack of transparency in comunidades, gaunkars alleged.
 http://timesofindia.indiatimes.com/city/goa/No-audit-in-comunidades-for-over-four-decades/articleshow/40720297.cms

Gaunkars oppose state-appointed comunidade commission (ToI)

Gaunkars oppose state-appointed comunidade commission

TNN | Aug 21, 2014, 01.00 AM ISThttp://timesofindia.indiatimes.com/city/goa/Gaunkars-oppose-state-appointed-comunidade-commission/articleshow/40530900.cms