MARGAO
In an interesting development on the contentious kabrastan issue, the government has submitted before the High Court that there was no question of seeking access through the property of St Joaquim Chapel, Borda-Margao for the purpose of the burial grounds proposed at Sonsodo.
The government’s submission made by the Advocate General in a Public Interest Litigation has paved the way for a joint inspection, survey and demarcation of the site in question on March 14 after the Chapel committee members stated that the Government surveyors would not be prevented from undertaking the survey and, if necessary, by going over the chapel property.
Survey and demarcation of the access road to the land admeasuring 30,000 square metres acquired at Sonsodo for the proposed burial grounds had hit a roadblock since the time the High Court had in October 2022 issued directions to develop the acquired land for kabrastan.
At the last date of hearing, the Advocate General had submitted that a proper survey of the property where the kabrastan is proposed is necessary, further submitting that "for this, the Government Surveyors would have to go through the property surveyed under Survey No.50/2 held by the chapel.
At the hearing, the High Court had issued notice to the Chaplain of St Joaquim Chapel, Fr Simon Da Cunha, to be present in the court for the hearing. Senior advocate J Coelho Pereira, representing Fr Simon, submitted that there is an apprehension that the chapel property might be used as an access for the kabrastan. Adv Coelho Pereira further submitted that from outside the Chapel property, there was access to the property under PT Sheet No. 50 and Chalta No.1 linking directly to the main road.
The Advocate General, however, explained there was no question of the government seeking access to the kabrastan through the chapel property. He submitted that all that the surveyors wanted to do was go through the chapel property to carry out an effective survey and nothing else.
“Under the provisions of the Land Revenue Code and the City Survey Rules, the Government/its Surveyors would undoubtedly have the power to enter the property for the limited purpose of undertaking surveys,” the Court stated.
The Court further observed: “In our opinion, it would be better if such survey and demarcation were undertaken in the presence of the Chapel officials and the members of the Church of Raia Fabrica. This will help in expeditiously sorting out the issues. Since the Government has already made it clear that there is no question of seeking access over the Chapel's property for the purpose of the Kabrastan, we expect that all the parties, including the Chapel or the Church of Raia, should render full cooperation to the Government for purposes of survey and demarcation. Such survey and demarcation are necessary for the implementation of the Court orders.”
The High Court bench comprising of Justice Valmiki Menezes and Justice M S Sonak further added that for the last several years, though the land was acquired for developing a kabrastan, for one reason or another, the project has not been completed.
Did MMC overlook planning for crucial missing link?
With the High Court clearing decks for the inspection, survey and demarcation of the Sonsodo land acquired for burial grounds/kabrastan on March 14, which amongst other things is expected to shed light on the access to the acquired land for the burial grounds, a contentious question has come to haunt the Margao Municipal Council “ whether the civic body did not acquire a separate parcel of land as an access to the land acquired for the proposed burial grounds from the main road.
The inspection scheduled on March 14 is expected to shed light on this contentious question. The question further assumes significance and comes against the backdrop of the fact that while locals say the Christian cemetery existed at the site prior to 2011, the Margao Municipal Council had acquired the land admeasuring 30,000 square metres around November in 2011.
While locals further maintain that the Margao Council had initially acquired the land in question to cater to the burial grounds of all religious communities, the municiplaity on November 2011 had inked an agreement with the Managing Committee of the Jamia Masjid, Malbhat, handing over the management of the kabrastan in the presence of then Chief Minister Digambar Kamat.
Remarked a senior MMC official: “If it emerges during the March 14 survey and demarcation, that the Margao Municipal Council did not acquire land for a separate access road from the main road, it would expose the civic body's faulty planning and that the civic officials had ignored the requirement of a road access at the site.”
