PANAJI
The BJP-led State government’s fresh policy move to amend the Comunidade Code to regularise all unauthorised residential constructions done on their land up to 300 sq mts is dubbed as an “election jumla” ahead of the parliamentary polls 2024, by the comunidade and legal experts.
The criticism has been made considering that a similar poll gimmick was tried by the saffron party while being in power in 2001, 2017 and in 2021.
All this started way back in 2001 when (late) Manohar Parrikar took over the reins of the State and amended the Code of Comunidades to regularise these encroachments built before June 15, 2000 but in consent with the respective comunidade. Many comunidades did not consent and the matter was challenged in the High Court, which disallowed and set aside the amendment.
When Parrikar-led BJP came back to power in 2012 and in 2017, he revived the efforts but failed due to constant opposition by comunidade bodies, coupled with Parrikar’s elevation to the Union Cabinet as Defence Minister in 2014. In the second stint, his illness caused major hurdles in this planning process.
The incumbent Pramod Sawant-led government made the first move in 2021, just before the State could go for polls in 2022; however, it remained a mere announcement.
Now, ahead of crucial 2024 Lok Sabha elections, BJP is mooting a similar proposal. “This has nothing to do with the election. It is a long pending proposal. We have powers to amend the comunidade law anytime but we have to see that it stands in the court of law, if challenged. We are currently working on finalising the cut-off date,” Revenue Minister Atanasio Monserrate said.
Former Union Law Minister Adv Ramakant Khalap said that regularisation of structures on comunidade land is a sole prerogative of these 200-odd age-old institutional bodies, as the Code grants them the right to decide whose structures to be “regularised” and who should be left out.
“This so-called power, the State government does not have it. Without the consent of the comunidade, the State government cannot move ahead. All this is nothing but a poll gimmick. The election code may be announced anytime from now, so whatever the government is talking about, can happen only after polls. So, we will have to wait and see whether this materialises then,” Khalap said.
The government, in 2001 had carried out an amendment under Article 372(A) to the Code of Comunidades by inserting a provision to regularise certain illegal constructions in comunidade land up to June 2000 but with prior consent of the comunidade bodies. Many rejected it, and Comunidade of Margao even moved the High Court. There are huge slum areas in Moti Dongor and Tolsazor. Based on consent of some, the government had managed to regularise few, before the Court disallowed the regulation.
Past President of Aldona comunidade Hector Fernandes said “you will see this announcement being made just before elections. This is not the first time. This is a perfect example of election jumla”.
He pointed out how in the past the Parrikar government had invited applications and a lot of applicants had even approached, only to be left disappointed. “No illegal encroacher would ever like to pay price for a land, which they have occupied or occupied free of cost all this while,” he said.
Guirim Comunidade President Tulio De Souza wants to wait and see whether the government takes any policy decision in the form of Cabinet approval or ordinance before election code. “In-principal we don’t agree with such things. The biggest question is whether such regularisation is a healthy trend,” he said.
Former Advocate General and sitting MLA Adv Carlos Ferreira said that any law that speaks of regularisation needs the consent of comunidade and without the consent no such law will be held to be valid. “The government can bring in a legislation or ordinance where comunidade consent can be taken but it has to be done in accordance with law and get the law tested.
“Announcing to bring in law ahead of polls is nothing but election jumla,” he commented.
