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