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

Clerk held in Serula comunidade land fraud case (ToI)

TNN | Jul 27, 2014, 04.03 AM ISTPANAJI: Yet another arrest was made in the Serula comunidade land fraud case on Saturday. Fifty-four-year old Mohan Narvekar, employed as a clerk at the comunidade, was arrested by the Mapusa police. Narvekar is a resident of Naroa.

Last week, six persons were arrested by the CID for their alleged involvement in fraud, where they unlawfully took over plots from the Serula comunidade.

They were granted conditional bail the following day. Serula communidade comprises the villages of Socorro, Salvador do Mundo, Penha da Franca and the Ecoxim part of Pomburpa.
 http://timesofindia.indiatimes.com/city/goa/Clerk-held-in-Serula-comunidade-land-fraud-case/articleshow/39079116.cms

Ex Serula comunidade attorney held (ToI)

TNN | Jul 24, 2014, 02.18 AM ISTPANAJI: The crime branch on Wednesday arrested former attorney of Serula comunidade Peter Martins in connection with illegal allotment of comunidade plots.

He is the first member of the managing committee, past or present, to be booked by police in the present land allotment scam whose magnitude is yet to be ascertained. Six plot allottees were arrested last week and released.

While Martins, a panchayat secretary, was arrested, several officials of the comunidade administration were questioned. The statement was also recorded of former administrator of the comunidade, N M Gad. The arrest left tongues wagging even in the ruling party as Martins was close to a minister's brother from Bardez who has interests in comunidade land.

Another former attorney who has been virtually ruling the comunidade for many years, has moved for anticipatory bail. It is suspected that besides several ex-officials of the comunidade, some government officials, mainly from revenue and police, are involved in the scam.http://timesofindia.indiatimes.com/city/goa/Ex-Serula-comunidade-attorney-held/articleshow/38941730.cms 

'Misguided' by lawyers, say illegal room owners (ToI)

'Misguided' by lawyers, say illegal room owners

TNN | Jul 5, 2014, 10.50 AM IST
PANAJI: Slum dwellers including migrants who built one-room tenements on private forest land in Maina, Socorro, blamed their lawyers on Friday for misguiding them and allowing them to think that they could get away with it.

With the Socorro panchayat dragging its feet in taking action against the illegal structures on private forest land, tension remained at a high on Friday after locals confronted the persons who had built the one-room ?pucca' houses. Locals also asked Porvorim MLA Rohan Khaunte to send a police team to the site as they feared a law-and-order situation could break out.

Porvorim police rushed to the site and upon questioning the violators, they admitted that they had built their structures without any government or panchayat permissions and were misled by their advocates that they could build on private forest land after buying the land.

"We bought this land. Our advocates said we would have no problem building our rooms here. We want our money back," one of the slum dwellers told the police. Police asked the slum dwellers if they had documents or permissions for building the structures, which they failed to produce. A man standing nearby and watching the scene told TOI that he was speaking in favour of the slum dwellers. He declined to identify himself and claimed that the issue pertaining to private forests was being heard in court and till then, structures could be erected on the land.

Following TOI's report on Thursday, government departments including forest officials visited the site at Maina, Socorro. Deputy conservator of forests Milind Karkhanis said that survey no 291, where the slums had been erected, was a private forest area.

While government departments concerned have visited the site, locals said they were still awaiting action by the Socorro panchayat to demolish the illegal structures.
imesofindia.indiatimes.com/city/goa/Misguided-by-lawyers-say-illegal-room-owners/articleshow/37823760.cms

Forest department: Socorro panchayat must act against illegal slum (ToI)

Forest department: Socorro panchayat must act against illegal slum

TNN | Jul 4, 2014, 10.07AM IST
PANAJI: Government departments acted swiftly and rushed to Maina-Socorro in Bardez on Thursday following a report by TOI that migrants had started erecting a 'pucca' slum in the middle of a private forest.

The forest department also assured locals that it would take action against the culprits for destruction of the trees, but pointed out that it is the job of the Socorro panchayat to demolish the illegal structures erected on the land.

TOI in its edition dated July 3, 2014, published an article Migrants build slum in midst of Socorro p'rivate forest' highlighting that one-room pucca houses have sprouted in the midst of a private forest under survey no. 291/1 after a few days of frantic construction activity.
After observing TOI's visit to the site on Wednesday, the culprits stepped up the pace of their activity and frantically worked overnight.

While on Wednesday, five structures were still under construction, TOI observed on Thursday morning, that five one-room houses were completed, painted with lime and fitted with doors.

The migrants had also planted coconut saplings and banana saplings outside the houses. They then fitted locks on their doors and fled.

Villagers worried about the rapid urbanization of Socorro at the cost of the fast-disappearing verdant cover raised apprehensions that the development in Maina could spawn a Moti Dongor-like slum in Bardez and petitioned government departments concerned for immediate intervention.

Locals feared that such structures may spread illegally over the private forests on the hill in the future.

On Thursday, deputy conservator of forests Milind Karkhanis visited the site along with RFO Panaji Rajendra Fatarpekar and Babi Naik, round forester, Mapusa.

"Survey no. 291 is a private forest area. The neighbouring properties are also private forests. It is a clear violation under the Goa Preservation of Trees Act for which we will take action against the culprits and under the Forest Conservation Act we will be writing to the central government," said Karkhanis.

He further told the gathered, agitated, locals, "We are not empowered to act on the illegal structures and it is up to the Socorro panchayat to demolish them."

Socorro sarpanch Vaishali Satardekar, deputy sarpanch, panchayat secretary and other officials also visited the site and assured the locals that the illegal structures would be demolished.

The director of panchayats and officials of the town and country planning (TCP) department also visited the site on Thursday.
http://timesofindia.indiatimes.com/city/goa/Forest-department-Socorro-panchayat-must-act-against-illegal-slum/articleshow/37754642.cms

Migrants build slum in midst of Socorro private forest (ToI)

TNN | Jul 4, 2014, 09.34AM IST

PANAJI: A delay in demarcation of private forests, identified by Sawant and Karapurkar committees, has left the door open to illegal activity and a patch of pristine forest cover in Maina, Socorro, is being clandestinely stripped and developed, sources said.

A few one-room pucca houses have sprouted in the midst of a private forest under survey no 291/1 after a few days of frantic construction activity. Villagers worried about the rapid urbanization of Socorro at the cost of the fast disappearing verdant cover have raised apprehensions that the development in Maina could spawn a Moti Dongor-slum in Bardez.

TOI visited the site on Wednesday and observed that five 'pucca' structures were already under construction. Locals alleged that such structures may spread illegally over the private forests on the hill in future.

"It began with some hill cutting in land under survey no 291/1 identified by the government-appointed committees. This is a strictly private forest area with some cashew, mango and other timber trees," a villager said.

The villagers have objected to the illegal development, as all authorities concerned have not granted any permission for the construction activity.

Villagers have rushed off a letter to forests minister Alina Saldanha; Porvorim MLA Rohan Khaunte, forest department and other authorities to halt the hill cutting, deforestation and illegal building of houses.

"We are not allowed to cut a single tree because this area is a private forest. We want that this activity be stopped immediately so that the area can continue to be a forest area," the letter states.

The villagers have demanded that the authorities find out the persons responsible for allowing the blatant destruction of the verdant hills, which they had protected for centuries.

Forest minister Alina Saldanha, when contacted, assured that her office would act immediately. "I will depute our team of officials to visit the site on Thursday," Saldanha said.

The Sawant and Karapurkar panels in their reports submitted on December 10, 1999 and September 4, 2000 had identified 67 sq km of private forests in Goa out of an estimated cover of 200 sq km. But the work of drawing up the limits of the forests earmarked for protection has not been fully completed.

"The 'ground truthing' and demarcation of private forest areas identified by Sawant and Karapur committees has been done in many areas, but in some areas it will be taken up. Opposition to the process in some areas has also caused a hurdle," a forest official stated.

http://timesofindia.indiatimes.com/city/goa/Migrants-build-slum-in-midst-of-Socorro-private-forest/articleshow/37752904.cms

Government orders demolition of illegal slum in Socorro

TNN | Jul 8, 2014, 01.31 AM IST
MAPUSA/PANAJI: Bardez deputy collector Sabaji Shetye on Monday ordered the demolition of the illegal slum built in the midst of a private forest in Maina, Socorro. 

"I have called the owners of the structures and ordered the demolition of all the structures. They were illegal since they have not obtained any permission from any competent authorities," Shetye said. 

Sources said that the entire Socorro panchayat including sarpanch, panchayat members and the panchayat secretary were summoned to the deputy collector's office on Monday morning. The deputy collector has given the slum dwellers three days' time for the demolition. 

TOI was the first to report that five one-room 'pucca' houses had sprouted in the midst of a private forest area in Socorro. While it was initially reported that the activity was being carried out in survey no. 291/1, it later came to light that the actual survey no. was 291/4. 

In the land survey records, partition of land and sub-plots were shown in survey no. 291/1, which is also a private forest, while survey no. 291/4 showed nothing. 

While this led to the initial confusion, it also threw light that while the activity in 291/4 was illegal, there are similar plans for 291/1, villagers said. 

Deputy conservator of forests Milind Karkhanis said that survey no. 291 is a private forest area. Villagers claim that the activity was in blatant violation as there was hill cutting and illegal felling of trees.http://timesofindia.indiatimes.com/city/goa/Government-orders-demolition-of-illegal-slum-in-Socorro/articleshow/37977074.cms

Comunidades clueless about land lost to mining (ToI)

Paul Fernandes,TNN | May 4, 2014, 02.32 AM IST
PANAJI: Mining was considered as the backbone of the state's economy at one stage and lease operators reaped fortunes and other stake holders lesser windfalls from the lucrative activity, but comunidade leaders can only bemoan their losses.

The age-old institutions owned vast tracts of land throughout the state. Most of it was productive and agricultural land, and there were even comunidade villages. Sizeable parcels of it have been lost to mining, but the benefits hardly percolated to the gaunkars.

"The mining concessions covered huge areas and in a few cases almost the entire villages. This led to displacement of people, who hardly received any benefit, except in some cases the offer to operate a truck or provide some service at the mining site," said Andre Pereira, general secretary of the association of components of comunidades.

The lease holders executed agreements with the age-old institutions before commencing the activity and comunidades were issued nominal payments.

"The minerals should belong to the comunidades as they are the owners, but by virtue of concession the lease holders became proprietors, assuming that the government was the proprietor of the land," a comunidade leader said.

Former minister Sadanand Malik fired the salvo on Friday, after a long silence from comunidade leaders, asserting that the mineral wealth in comunidade land belongs to the hoary institutions and government has no power to grant a new lease.

But in the past, the lease holders availed the land directly from the comunidade or private land in comunidade villages. "There are some comunidade villages, such as Surla, Velguem, Sirsaim, Nadora in North Goa, and Colomba, Curpem in South Goa, where there was also private land. "In comunidade villages, the right of the private owner, who had obtained the comunidade land as an 'aforamento', was only on the surface and that of the minerals vested with the comunidades," an elderly gaunkar pointed out.

Comunidade leaders point out that even the Portuguese government had a false notion that the state owned the comunidade lands. But it proclaimed through Diploma Legislativo No. 2070 dated April 15, 1961, that the comunidades are absolute owners of their land.

According to Pereira, the code of comunidade did not foresee operation of mining leases in lands belonging to comunidades. The stress was only on agriculture, horticulture, enjoyment of the seasonal fruits and usufructs and housing, in marginal cases, in non-agricultural land.

The comunidade establishment has really no estimate of how much of its land is covered by mining nor the extent of it that is lost. The mining industry picked up momentum after 2005 due to the high demand for even the low grade ore. The activity brought greater prosperity to some sections of the society after the boom.

But farmers and horticulturists faced the brunt of the negative impact of mining, as their fertile paddy fields were inundated with slurry and cashew plantations were wiped off for extraction of iron ore.

The community has been struggling to secure compensation for the losses, and some lease operators have provided it to them. "Some are happy at receiving this support, but the suffering in mining areas of the dust and other pollution is much more," a gaunkar said.

The silence of the gaunkars over the past years is attributed to lack of awareness about their rights and comunidade affairs. "The laws were in Portuguese language and gaunkars had no support base," said Pereira.
http://timesofindia.indiatimes.com/city/goa/Comunidades-clueless-about-land-lost-to-mining/articleshow/34608606.cms

Illegal constructions on communidade lands

Communidades on Downslide - NT Editorial

Communidades on Downslide Published on: February 8, 2014 - 00:42 More in: Opinion In what is possibly a large scam, about 27 lakh sq mt of communidade land in 11 villages of Ponda taluka have been encroached upon with some people gaining pieces of land as large as 7,000 sq mt, all in the name of housing. In the village of Bandora for instance, 119 people have encroached on 8.67 lakh sq mt, with each one gaining an average of 7,285 sq mt, enough land to construct a mega housing complex. In Priol village 75,289 sq mt was encroached upon by 57 individuals and in Querim 63 people encroached on 49,258 sq mt, with one person gaining 15,000 sq mt. How much of this land has been transferred or sold with the connivance of managing committees of communidades is a question that only a thorough probe will answer. Encroachment on such a large quantum of land is proof that the age-old communidade system is in ruin. The tenancy act which gave tenants partial rights caused damage, and then.panchayati raj further eroded the authority of communidades. Successive governments did little to strengthen communidades. On the contrary efforts to undermine continued. The colonial Code of Communidades was systematically amended to give the government more control over land resources. What remain today are remnants of the system with some die-hards fighting legal battles to save it. Also, the failure of communidades to evolve from a closed system that vested ownership of land with male gaunkars only to gender-neutral vesting contributed to its doom. It is quite possible that the land transferred to new owners was done by tenants who used Form I & IV to claim ownership. It is also possible that sale of land was done in connivance with managing committees which are in possession of land records and documents required to make the sale. In a state where land is valuable it was a matter of time before managing committees and tenants succumbed to the temptation to make a quick buck by selling land. It is unfortunate that large swathes of land have been sold in violation of the code. But there is little we can do about it. When the owners of the land, the gaunkars, themselves connive in the sale, why would anyone else come to the rescue? Even if a spirited gaunkar decides to challenge the sale in court he could end up spending the rest of his life shuttling between lawyers and courts. The sale of Serula communidade land to two senior members of the ruling party is an indication of the pressure to sell. The large-scale sale of communidade land in Ponda has dealt another blow to communidades which lost their utility long ago. Other than the emotional attachment that gaunkars have for the system there appears to be no compelling reason to revive it. Prior to the advent of panchayati raj, communidades were in charge of farming, fishing, maintenance of bunds, sluice gates and all activity pertaining to an agrarian economy. Today communidades, by and large, function as landlords and once all the land is gone they will cease to have any useful purpose. This would mark a sad end to an ancient system which forced the Portuguese into recognizing and accepting it, only to be destroyed by the gaunkars themselves. Proof of the Pudding A directive from the Supreme Court to the Centre to list the governance benefits in the last 15 years by giving a small band of top bureaucrats protection from inquiry in corruption cases has opened up a politically volatile subject, especially at a time when the Centre has little credibility on the issue. In 1997 the court had struck down an administrative order, which barred the CBI from initiating inquiries into corruption charges against joint secretaries and officials above them without prior consent of the Centre, as illegal. The same was made law through the legislative route. The argument of the government and political class was that bureaucrats involved in policy decisions need to be protected from frivolous litigation or else bold decision would never be made as all would prefer to play it safe. The argument has merit, especially if one considers the manner in which allegations fly in this country. Bureaucrats are known to hide behind a wall of rules, regulations and paperwork. They always play it safe. If they are left out in the open with all and sundry leveling charges against them, they would prefer to sit on the fence or oppose everything. At the time of enacting the law this was a theory. Now the court has demanded proof to back this theory. If it has helped then the court hinted that it would like to take judicial notice of it. In other words, the proof of the pudding is in the eating not reading the recipe. http://www.navhindtimes.in/opinion/communidades-downslide

The paper trail of Parulekar Serula sojurn (The Goan)

The tourism minister may well be one of Serula communidade’s biggest illegal encroachers | A court directed FIR against a minister in Parrikar’s cabinet charges him of cheating and conspiracy | TCP, PWD, Panchayat have all termed Parulekar’s land taking and construction activities illegal and irregular... http://www.thegoan.net/Goa/Cover-Story/The-paper-trail-of-Parulekar%E2%80%99s-Serula-sojurn/07205.html