SANGUEM
The State government’s decision to amend Section 38 of the Goa Land Revenue Code has been a cause for both celebration and concern in the hinterland talukas of Sanguem, Quepem and Dharbandora.
The recent amendment allows for the regularisation of those houses on government land which were built before February 2014, as long as they are 400 sq mtrs or less.
Besides, the government has also moved to legalise houses which existed before 1972 and are documented on survey maps and in Form I and XIV.
These measures are seen as historic and are a welcome step toward giving homeowners on government land proper ownership rights.
However, many families residing in the remote talukas of Sanguem, Quepem and Dharbandora who have been seeking regularisation of their homes for years feel left behind.
Their applications for regularising houses and agricultural lands on government land, though seemingly eligible under Section 38, are caught in a bureaucratic tangle at various sub-divisional magistrate offices.
Many of these applicants point out that their houses and agricultural lands are already recorded in survey maps and other official documents, dating back to before the Goa Land Revenue Act of 1968. They had applied for regularisation under Section 38 many years ago, but the land has yet to be transferred into their names.
ISSUE OVER RATES
A key issue stems from a 2017 amendment to the law, which drastically increased the rates for land regularisation, making it unaffordable for many in regions like Sanguem, Quepem, Canacona and Dharbandora.
The main financial burden is the current requirement to pay up to five times the prevailing market rate for the land. There is no clear, uniform system for determining this market rate, and it is often based on the highest sale deeds in the area without considering the land’s zoning or actual value.
For instance, a market rate of Rs 300 per sq mt can turn into a regularisation cost of Rs 1,500 per sq mt, making it impossible for many to afford regularisation.
Given this, locals are requesting the government to revert to the pre-2017 method of calculating land rates, especially for residents whose encroachments are well-documented and predate 1971.
Furthermore, they note that even Alvara lands—government-owned plots granted for cultivation during Portuguese rule—are regularised at a nominal rate of just Rs 5 per sq mt.
Locals are now urging Chief Minister Pramod Sawant to intervene and offer land at more reasonable rates, especially for those living on and cultivating the land for long.
ISSUE OVER AREA
There is also significant confusion regarding the application process, particularly for plots where both a house and farmland exist on the same piece of land, which often exceeds the 400 sq mt limit.
Applicants feel that having to apply only for the house means they would have to give up the farmland, which they consider unjust.
The villagers have pointed out that under the Forest Rights Act, people from Scheduled Tribes, Scheduled Castes, and other communities can get up to 40,000 sq mts of forest land regularised for free, as long as they have been living and earning a livelihood from it.
They argue that their situation is similar and that the government should show the same compassion. They suggest that if the government is concerned about the land being sold, a legal clause could be added to restrict resale, much like what exists in tenancy laws.
While the recent decisions are a positive step, thousands of Goans are living in limbo and fear. They are asking for justice and a fair system to regularise their encroachments at reasonable rates, reflecting the original intent of the law and modifying the rates towards purchase of the farmlands and the house.
