MARGAO
The raging debate over the controversial Goa Bhumiputra Adhikarini Bill, 2021 refuses to die down, with Chief Minister Pramod Sawant promising to delete the title ‘Bhumiputra’, but appears firm in getting the Bill back in Assembly in a couple of months from now and citizens equally firm in their demand for total scrapping of the proposed law.
The controversy, however, has brought into sharp focus the pendency of cases, right from Mundkarial to The Goa Regularization of Unauthorized Construction Act, 2016 and Amendment Act, 2018 before various courts including the revenue courts, right from the Mamalatdars and Jt Mamlatdars in South Goa. And, not to mention the huge pendency of close to 10,000-odd claims under the Forest Rights Act with the South Goa district authorities since the Act came into force over a decade ago.
A glance at the statistics of the Mundkarial cases in South Goa reveals that around 1382 cases have been pending before the Mamlatdars and Jt Mamlatdars across the district. The statistics further shows that the number of persons declared as mundkars under the Act during the last three years is pegged at 742. During the same period the designated authorities rejected around 340 cases.
A close look at the statistics further shows that Salcete taluka tops the list, with as many as 621 cases pending before the quasi-judicial authorities as on August 1, 2021. Salcete is closely followed by Ponda taluka, with the total number of pending cases pegged around 413.
The number of mundcarial cases pending in Mormugao is put at 127, Canacona 118, Quepem 65, Sanguem 31 and Dharbandora 7.
Similarly, a huge pendency of cases has come to light vis-Ã -vis the Goa Regularization of Unauthorized Construction Act, 2016 and Amendment Act, 2018 in South Goa district.
When the Law came into force in the year 2016, the authorities in the district was in receipt of around 2291 applications for regularization of their houses. After the Act was amended in 2018, additional 1960 cases were submitted to the authorities for consideration, taking the total number of applications for regularization of unauthorized structures to 4252.
A glance at the statistics shows that a whopping number of these applications pertained to the structures on private land, around 3986 to be precise. Latest records show that the total number of pending applications with the authorities is around 2332 after the rejection of as many as 1919 applications.
Similarly, thousands of claims filed by people inhabiting the hinterland talukas of Canacona, Quepem, Sanguem and Dharbandora for the ownership rights in the forest areas have been dragging on for over a decade now, with no sign of curtains coming down on the proceedings. Close to 10,000 claims under the Forest Rights Act are pending in South Goa alone, source said.
Says city-based lawyer, Adv Cleofato Coutinho: “There may be pendency of cases under various laws, including the Mundkar Act, Forest Rights Act et al, but certainly the Goa Bhumiputra Adhikarini Bill is not an answer. Instead of bulldozing with the controversial Bill, the government would do well to find out the lacunae resulting in the pendency. You cannot have short cut Bill to overcome lacunae in existing laws”.
Components of Comunidades
tear through controversial bill
Ex-member of Comunidades Commission Tulio D’Souza making a point on why Comunidades components are against the Bhumiputra Adhikarini Bill. Santosh Mirajkar
MARGAO: The components of Comunidades across the state on Thursday red flagged the controversial Goa Bhumiputra Adhikarini Bill deploring the Bill as an attempt by the government to encroach upon the autonomous village level bodies.
In fact, the components asserted the Comunidades and their Components are the true ‘bhumiputras’ or sons of the Goan soil. They said the proposed legislations are nothing but a blatant and open attempt to demean the true ‘Bhumiputras’ and give recognition to migrants by giving definition of ‘Bhumiputra’. “Goa’s identity and heritage is being sacrificed at the altar of appeasement of the migrant vote-bank”, thundered Tulio D’Souza, President, Comunidade of Guirim/ex-Member, Comunidades Commission.
Franky Monteiro, President, South Goa Comunidades Forum, Margao further said Chief Minister Pramod Sawant’s August 3 statement is an attempt to hoodwink the true sons of the soil.
“We demand an apology from the CM for insulting and undermining the true “bhumiputras” of Goa. The proposed legislations are nothing but a blatant and open attempt to demean the true “Bhumiputras” and give recognition to migrants by giving definition for “Bhumiputra”. Goa’s identity and heritage is being sacrificed at the altar of appeasement of the migrant vote-bank”, Franky asserted.
The components representing various Comunidades or Gaonkaries of Goa, their associations/Forums on Thursday gathered in Margao to unitedly to oppose the “Bhumiputra Adhikarni Bill 2021” and the “Goa Panchayati Raj (Amendment) Bill 2021” moved by the Government with intent to regularize encroachments on Comunidade land.
Tulio recalled an attempt made in the past as notified on 22 June 2001 to regularize illegal constructions on Comunidade lands through an amendment of Article 372- A of the Code of Comunidades, which was met with stiff opposition from all Comunidades unitedly and it proved to be total failure, however the Government appears not to have learnt its lesson.
Condemning the Chief Minister’s statement on August 3, implying that Comunidades or Gaonkaries are to blame for permitting encroachments on their lands, Tulio pointed out that the Comunidades have been fighting tooth and nail and with all their might encroachments on their land before various courts and authorities for several decades and have even obtained favourable orders including from the High Court. He, however, said many of these demolition orders have remained on paper due to the lackadaisical attitude and incompetence of the respective Administrators of Comunidades coupled with rampant political interference. We would have hoped that CM had directed concerned authorities to furnish such data’, he added.
Franky Monteiro said it is of paramount importance to note that Comunidades are autonomous village level bodies as envisaged by the Code of Comunidades in force, and the Government only provides administrative tutelage at the expense of the Comunidades through the Administrators of Comunidades of the respective zones and the Director of Civil Administration.
“The Government should refrain from passing legislations regularising encroachments/illegal constructions in Communidade lands. The Comunidades do reject the Goa BhumiputraAdhikarni Act in any form and demand that the Goa BhumiputraAdhikarni Act be withdrawn and scrapped in totality”, he added.
