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Monteiro fears that the attempt could be also to give backdoor entry to the Goa Bhumiputra Bill, which has been withdrawn.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

ED action against Socorro sarpanch exposes BJP govt's corrup ..

Read more at:
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

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

NCP: BJP leaders involved in Serula comunidade scam (Herald)

December 14, 2013 PANJIM: The Nationalist Congress Party on Friday alleged involvement of BJP leaders and office bearers in the Serula comunidade land allotment scam which it opined could run over Rs 35,000crore. It also reiterated its demand for setting up of commission headed by retired High Court Judge to investigate land allotments by the Serula comunidade for the last 25 years. “I won’t be surprised if tomorrow investigation reveals the names of Chief Minister Manohar Parrikar’s kith and kin,” NCP spokesman told media persons. NCP alleged that the commission needs to be set up especially to check the 'fraudulent' land allotment to state tourism minister Dilip Parulekar. “He (Parulekar) is not the only BJP leader involved in the scam. Several former and present BJP MLAs and office bearers have purchased land for residential purposes and converted the same for commercial use,” he alleged. NCP, last week had slammed the cabinet decision to appoint officers on special duty (OSD) to comunidades as an attempt by the government ‘to take over and saffronize’ the village communities. Meanwhile, NCP has condemned BJP’s nationwide ‘unity run’ held to create awareness and spread information on Sardar Vallabhai Patel's monument 'Statue of Unity' stating that ‘the move is basically to raise funds for the forthcoming Parliamentary elections’. The NCP spokesman questioned as to why Narendra Modi, who has been Gujarat Chief Minister for past 10 years, never thought of spreading awareness about Patel all these years, alleging that this move is nothing but an attempt to fool people of Goa and to raise funds for Lok sabha polls in the name of Sardar Patel. http://www.heraldgoa.in/News/Local%20News/NCP-BJP-leaders-involved-in-Serula-comunidade-scam/83163.html

OSDs for comunidades faces more opposition (Herald)

December 14, 2013 MARGAO: Saying that Communidades are private community bodies, which are not constituted under any government, the Goans for Goa has termed as “mala fide” the Cabinet decision to appoint Officer on Special Duty (OSD) to oversee and monitor the affairs of the Communidades. “The intention to appoint an OSD is not just an irregularity, but is done with malafide intention to interfere in the functioning of the sovereign bodies”, asserted FGF President Kennedy Afonso. He said there is absolutely no provision it the Code of Communidades for the appointment of an OSD. “In case of any irregularities, it is the administrator who has the authority to improvise and impose fines. Even the Collector has no authority to interfere in the workings of the Communidades”, he said, while urging the Communidades to be vigilant and has assured all support to the Communidades to put an united and joint effort, to bring the matter to its logical conclusion. Meanwhile, the GFG has urged the gram sabhas not to approve the Panchayat budget if the village development plan is not ready, as the constitution is very clear, that in the absence of a village plan, the budget cannot be approved. http://www.heraldgoa.in/News/Local%20News/OSDs-for-comunidades-faces-more-opposition/83189.html

Comunidades in crisis (Edit-Herald)

09/12/2013 The in-principle Cabinet approval for amending the Code of Comunidades for appointing an officer on special duty to oversee and monitor the affairs of the Comunidades under the excuse of fraudulent functioning of the Serula Comunidade, is completely in breach of the contract of guardianship under Art 5 of the Code of Comunidades and Part III of the Preamble. It is in fact an admission of government failure in fulfilling its guardianship and contractual obligations. The comunidades are clearly private communitarian bodies –and their lands are perfect property—which are not constituted under any government legislation such as panchayats or municipalities and hence are not subjects of the government. Therefore legal experts view the intention to appoint an OSD as a complete irregularity with malafide intentions to interfere in the functioning of the sovereign bodies of first peoples that pre-date the State. The comunidades are merely under the administrative tutelage of the State according to the rules contained in the code and the state has to act as a guardian and work according to the practices and usages of the comunidades and not introduce laws which are alien to it. Firstly, all appointment to comunidades are to be made by following the qualifications and in a manner prescribed by the code, by the Governor—not the government. However, various governments have made illegal appointments through the collector who has no authority to interfere in comunidade functioning, legal experts contend. In case of any irregularities –financial or otherwise, it is the administrator who has to impose fines, do recovery or evict illegal occupants of comunidades property under Art 19 of the Code. There is no provision in the Code of Comunidades for appointment of an OSD. The accounts of the comunidades are to be audited by the administrative tribunal annually. Under the contractual obligations the government has to appoint staff to the AT, to the administrator of comunidades for conducting audit and staff to assist the escrivao. No such audits in the comunidades have been carried out for nearly 35 years, because the government failed to appoint auditors. ­Most of the previous Revenue Ministers and some MLAs have pushed for regularisation of illegal settlements of migrants on comunidade land, and comunidade members themselves have appropriated lands through devious means, trumping selfish personal interests over the interest of the community which was responsible for cultivating these lands, managing the village agrarian economy and wellbeing of the Goan heritage. All the powers purported to be given to the OSD rest with the administrator and s/he is totally empowered to inquire and lodge complaints, and even take the help of the police. Under no circumstances can the OSD take over the powers of the managing committee and if the committee indulges in irregularities, the administrator can take whatever actions is needed. It is true that administrators too have been used by politicians to get comunidade land for themselves and their kin. Therefore the irregularities argument cannot be used to justify government violation of contractual obligations which will finish the comunidades. The much maligned Portuguese administration had in its Legislative Diploma no 2070 dated 15th April 1961, admitted the various modifications and alterations had given birth to chaos in the comunidades. It had also admitted that the solutions adopted, meant the application of new principles which were entirely different, if not contrary to the spirit of the Code of 1933. The question is will this government have the grace to restrict itself to guardianship and fulfill its contractual obligations or will it finish the sacred institutions that have been Goa’s proud heritage. http://heraldgoa.in/newscategory/Edit/15

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