Margao: Comunidade representatives have warned the government that any attempt to regularise illegal structures on comunidade land through the proposed new legislation will be challenged in the Supreme Court (SC).
Proponents from 67 comunidades, under the banner of ‘Save Comunidade, Save Goa’, unanimously condemned Transport Minister Mauvin Godinho’s statement regarding regularisation of such structures.
They said multiple court judgments have barred legalising illegal encroachments on comunidade land.
“The comunidade land belongs to shareholders and gaonkars, and the government has no authority to regularise encroachments on land it does not own,” the proponents said.
The movement gained momentum with AAP MLAs Venzy Viegas, who is also president of Camurlim comunidade, and Cruz Silva attending the meeting and promising to raise the issue in the assembly.
Viegas urged comunidade members not to issue any no-objection certificates (NOCs) for illegal structures, including for repairs or restoration. “Such NOCs could be used against the comunidade,” he said.
Silva said it was perhaps the first time that comunidade members have united for a common cause. “This unity will be crucial in the fight against vote-bank politics and illegal encroachments on comunidade land,” Silva said.
Speakers said there is a distinction between irregular and illegal structures. Under the Panchayati Raj Act, irregular structures may be regularised, but illegal constructions cannot be legalised.
Chinchinim comunidade president Agnelo Furtado said, “We have unanimously decided to oppose the bill. If it is passed in the assembly, we will challenge it in court and, if required, in the Supreme Court. An encroacher remains an encroacher, regardless of how many years they have occupied the land.”
State’s affidavit in apex court may pose challenge to proposed law
Margao : An affidavit filed by the Goa government before the Supreme Court through then Chief Secretary Sanjay Srivastava in response to apex court directions issued in 2011 could now haunt the state government.
A copy of the affidavit, in possession of The Navhind Times, was filed in response to directions issued in the Jagpal Singh vs State of Punjab case, where notices were sent to all Chief Secretaries asking them to prepare schemes for eviction of illegal or unauthorised occupants from common lands known as gram sabha land, gram panchayat land, and other lands meant for common use of villagers.
In the affidavit, Srivastava stated that in addition to the provisions under the Goa Panchayati Raj Act, there are also lands in Goa belonging to village communities governed by the Code of Comunidade.
He stated that historically, the original residents were known as Gaoncars and the village system was called Gaoncaria, with Gaoncars entitled to shares in the village’s income while managing its affairs.
The affidavit states that after the Portuguese rule began, this system continued under the Code of Comunidade, enacted by the Portuguese government, which allowed new settlers to become shareholders. Srivastava stated that
the Code of Comunidade was enacted on June 15, 1961, and despite Goa’s Liberation on December 19, 1961, land rights remained with the comunidades under the Goa, Daman and Diu Administration Act, 1962.
Srivastava further stated that Article 371 of the Code of Comunidade empowers comunidades to act through the collector to evict occupants of unauthorised structures.
He added that other laws, including The Goa Land (Prohibition on Construction) Act, 1995, prohibit construction on certain lands, including government, local authority, or comunidade land, without written permission, and action is taken under these provisions.
On Monday, comunidade components have claimed that the government’s proposed legislation to regularise illegal structures violates the affidavit filed before the Supreme Court and amounts to contempt of court, which they will challenge if the bill is passed.
