the goan I network
PANAJI
The Collectors of Goa’s two districts -- north and south -- will soon have the powers to act instantly and restore to its original position all illegally filled low-lying land which is agricultural, khazan and in all eco-sensitve zones including all water bodies, when complaints are received.
An amendment adding muscle to the Land Revenue Code, 1968, by giving Collectors these powers to act without issuing any notice to the land owners, was approved by the State Cabinet on Friday.
Large-scale land filling against which environmentalists in Goa have long been vociferously calling out was hitherto tackled by the flying squads, police and deputy collectors. The process, however, involved giving the land owners the benefit of natural justice.
They, land owners, were required to be notified of the complaint. Action could only be taken once their say is considered and a quasi-judicial proceeding declares the land-filling illegal.
The amendment titled The Goa Land Revenue Code (Amendment) Bill 2018, which is expected to be passed in the ongoing session of the Goa legislative assembly slated to end on August 3, does away with the nee to notify the land owners against whom the complaint of alleged illegal filling is filed.
The large number of complaints filed by green activists against such illegal land development activities have been piling up with mamlatdars and Deputy Collectors across the state. The taluka level officials are empowered to use the services of the flying squad and act but are required to give the land owners notice and a chance to be
heard.
Once in force, the amendment to section 33 of the Land Revenue Code will give powers to the Collector to act immediately and restore the land to its original condition without the need to issue notices to the land owner.
Low-lying areas, Khazan lands, land under the Coastal Regulation Zone, a water body or ecologically sensitive areas is where the Collectors will be empowered to act under the amendment.
Meanwhile, the Bill approved by the Cabinet also proposes to amend section 61 of the LRC to enable Mundkars to apply for partition of their small holdings smaller than 200 square metres.
Currently, under a provision made in 1997 in the Code, partition was allowed only for parcels of land that are of minimum size of 200 square metres. Partition of smaller land holdings were not permitted which left small land holders, particularly mundkars who purchased plots under their Mundkarial rights, were left in the lurch.
The Cabinet has also approved another legislation by which the deadline for private individuals and institutions to file applications seeking regularisation of their legal but unauthorized constructions will be extended by a month.
The government has thus far received some 4000-odd applications from owners of unauthorized constructions since the law came into force in 2016. Multiple extensions of the deadline were already made through ordinances.
Now, the government will extend the deadline by 30 days through an amendment to the 2016 law which it will pass in the ongoing monsoon session of the Goa legislative assembly.
Only those constructions which conform to existing building laws but are ‘unauthorized’ for lack of prior licencing and permissions are eligible for regularization.
