the goan I network
PANAJI
The stated objectives of the bill are to allow occupants of Alvara (licence) landholders to claim Occupant Class I rights of the lands that they are in possession presently as Occupant Class II.
The history of the land goes back to the year 1917 when the Portuguese government promulgated a decree No. 3602 dated 24.11.1917 allowing allotment of lands on lease mainly for agricultural purposes. In 2007, the land revenue code was amended to provide for the regularisation of the leases and the possessors declared as occupants (Class II).
Through the latest amendment, the government, among other amendments, seeks to introduce two new sections -- 37A, 37B and 38.
Section 37A allows for the persons occupying the land under the provisions of the 1917 decree to apply before the Collector, within six months of the amendments being effected (though this can be relaxed in certain cases).
The Collector will then verify the documents and after conducting an inquiry submit his/her report to the government stating as to whether the applicant has a definitive title to the land occupied.
The Government may then after considering the report either approve or reject it and in the event, the government finds that the applicant has a definitive title to the land, it may direct the Collector to issue a certificate of confirmation of the definitive title to the applicant. If the application is rejected by the government, the occupant can then apply to regularise his landholding within 30 days of the rejection.
However, it is this discretion to either accept or reject the Collector's report that has got under the hair of legal experts.
"An unguided discretion is vested in the Government to approve or reject the report of the Collector or give such other directions. This would result in vesting an unguided
88 hectares sold to third parties
without regularisation: Audit
PANAJI: An audit of government revenue lands conducted by the office of Accountant General of Goa has found that as much as 35 per cent of these lands show the leaseholder registered as an occupant in the record or rights instead of the Government of Goa and that 88.12 hectares of these lands being sold to third parties without any regularisation.
Even in cases where the land has been reverted back to the Government of Goa, the leaseholder has sold the land to the third party. 43.62 hectares of such land has been sold through such means.
Further in the case of 125.26 hectares of land which has been reverted to the government the record of rights has not been updated and continues to be shown in the leaseholder's name.
A total of 16,616.84 hectares of land were leased by the erstwhile regime under the 1917 decree.
