Eligibility for houses built on govt land prior to Feb 28, 2014; limit of 400 sqm per applicant
PANAJI
In a move which is expected to bring relief to owners of homes on encroached government land, a bill to amend the Land Revenue Code and grant ‘Class I’ occupancy rights in respect of the land on which the encroachment stands was introduced in the Goa Legislative Assembly by Revenue Minister Atanasio (Babush) Monserrate late on Tuesday night.
The bill seeks to introduce a new sub-section 38A in the Goa Land Revenue Code, 1968, which will make encroachers owners of the government land they have encroached to build their dwelling house built prior to February 28, 2014.
However, once granted ‘Class I’ occupancy, which in effect means ownership, the applicant is barred from selling the house for the next 20 years. The new sub-section empowers Deputy Collectors to regularise these lands on which the houses are built by granting ‘Class I’ occupancy to the concerned person.
Charges will be levied as ‘occupancy fee’ at a rate to be fixed by the government via a special order.
The amendment will provide a strong legal footing to hundreds of structures which have come to be built on government land across the State provided there is documentation to prove that the structures existed prior to February 28, 2014.
However, only the land on which the pucca house exists and an additional two metres on all four sides of the structure will be permitted to be regularised thus through this amendment.
Any additional land will revert back to the government and in no case more than 400 square metres can be granted by the Deputy Collectors thus.
The Bill says those who have been residing in Goa for at least 15 years can apply for regularisation of their encroachments on government land and the construction should have been completed prior to February 28, 2014.
Also, it stipulates that all applications for regularisation and the grant of ‘Class I’ occupancy rights will have to be made within six months of the amendment becoming law and coming into force.
The Deputy Collector will have to decide on an application made under this amendment within six months.
Interestingly, anyone providing false information to secure the ‘Class I’ occupancy rights in respect of an encroachment on government land under this amendment will be fined up to Rs 2 lakh and face imprisonment of up to two years.
