MARGAO
As the debate rages over the Goa Bhumiputra Adhikarini Bill, 2021, with Niz Goemkar red flagging the proposed legislation, terming it as an attempt to legalize encroachments, Madgavkars too may have a question for the powers that be “ will the shanties atop the migrant-inhabited Moti Dongor finally get the legal status with the passage of the Bhumiputra Adhikarini Bill in the just concluded session of the Goa Legislative Assembly?
Sources in the know say Moti Dongor and other shanties, including the illegal structures on the adjoining Talsanzor may all get the legal status once the controversial bill becomes law after Governor’s assent.
Margao and Aquem comunidade representatives, however, are bracing up to knock the doors of the judiciary again. As the government appears hell bent in negating the order of the then South Goa Administrator of comunidades for the demolition of the illegal structures atop Moti Dongor, President of Aquem comunidade Savio Corriea termed the controversial Bill as an attempt by the Legislature to tie the hands of the Judiciary which had years ago paved the way for removal of the shanties on the comunidade land.
Indeed, it’s a sheer coincidence that exactly eight years ago in August, 2013 that then South Goa comunidade Administrator Sangeeta Naik had set the ball rolling for clearing Moti Dongor of the over 200-odd illegal shanties. There was another proposal to clear 50-odd structures located on the adjoining TalsanZor.
Reason: The comunidade Administrator was clear in her order that the land at Moti Dongor has come to be indiscriminately encroached upon by illegal encroachers, having constructed illegal hutments on the land without any right, title by demonstrating scant regard for the law.
The Administrator observed in the order: “They have done so, without obtaining from various authorities, the necessary permissions, which law mandates for constructions, and without even the consent of the owner. Such illegal encroachment and construction has proliferated over large tracts of land at Monti Dongor”.
It’s a sheer irony that eight years later, the government appears hell bent in regularizing the very encroachments and illegal constructions on the comunidade land ordered for demolition after the decks were cleared by the High Court.
When the sword of demolition was hanging over the inhabitants, they had produced documents such as ration cards, electricity bills, EPIC cards et al. That however had failed to convince the comunidade Administrator. In fact, the Administrator was clear in saying these documents are only relevant in showing the residence and occupancy of structures, and does not bestow any right on the inhabitants to hold the comunidade land legally.
Says Aquem comunidade Attorney, Celestin Norohna: “How can the government confer land ownership rights on these very illegal occupants and encroachers via the Goa Bhumiputra Adhikarini Bill? This is against all tenets of law. We have been left with no option than to fight back. We will knock the doors of the Court challenging any attempt to bestow legal status on the Moti Dongor structures”.
Comunidade president, Savio Corriea said the legislation has sought to gag the Judiciary, which had cleared decks for the demolition of the hutments at Moti Dongor and TalsanZor. “That the High Court later stayed the order of demolition issued by the comunidade Administrator is another thing. The hearing is yet to conclude till date, but we were confident that the court ruling will uphold the Administrator’s order”, he said.
Corriea added: “We are shocked that the government has sought to negate the demolition order presently pending in the High Court via the Goa Bhumiputra Adhikarini Bill, 2021. “We will soon call a meeting of the shareholders to discuss the Bhumiputra Bill. We will chalk out the future course of action, including knocking the doors of the Judiciary”, Corriea added.
Moti Dongor land declared a slum
area on two previous occasions?
MARGAO: While the then comunidade Administrator had ordered the demolition of the 200-odd shanties atop Moti Dongor, spread across an area admeasuring 23,000 square meters, local residents had been insisting that the land in question was declared a slum area on two occasions.
In fact, one of the petitioners in the High Court, Maulasab Balbatti had claimed that a government gazette notification states that Moti Dongor was declared a slum way back in 1985. “The area was declared a slum on two occasions, one in 1985 covering an area of 7000 sqmts and the second time in 2001 declaring an area admeasuring 16,000 sq mts as a slum”, he had claimed.
This claim, however, was demolished by the then comunidade Administrator Sangeeta Naik, asserting that the Slum Areas (Improvement & Clearance) Act, 1956 has not been extended to Goa and has no application within its territorial limits.
