‘Amendment to comunidade Act balances right to shelter with protection of land’

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NT Reporter

Panaji

In the matter concerning the amendment to the Comunidade Act, an affidavit-in-reply filed by Vrushika Kauthankar, Under Secretary (Revenue), on behalf of the state government, states that the amendment serves a dual and balanced purpose.

As per the affidavit, the law protects the fundamental right to shelter for landless citizens with no other residential premises while safeguarding the proprietary and financial interests of the comunidade through a regularisation fee and mandatory surrender of any encroached land beyond 300 sqm.

It states that the amendment “harmonises the constitutional goal of social justice with the fiduciary obligation to protect community property”, achieving a balance between individual rights and community interests.

The petitioner, the comunidade of Nagoa, has challenged the constitutional validity of the Goa Legislative Diploma No. 2070 (Amendment) Act, 2025.

The affidavit further stated that all lands belong to the state and the rights and interest in the land can be modified, curtailed or extinguished by the state in accordance with law.

It states that Article 300A provides that no person is to be deprived of property without, except or otherwise than in accordance with law.

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