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Petition in HC against ‘Mhaje Ghar’, Comunidade law tweak

Petitioner says amendments legitimise illegality

PANAJI
Government officer and activist Kashinath Shetye has filed a petition before the High Court of Bombay at Goa challenging the State government’s ‘Mhaje Ghar’ scheme, and the recent amendments made to the Comunidade laws which seeks to regularise illegal constructions.

The High Court has admitted the petition and listed it for hearing on November 17.

In his plea, Shetye has contended that the amendments undermine the traditional rights and functioning of the Comunidades, and that the scheme promotes illegality by legitimising unauthorised structures through regularisation.

The scheme, announced by Chief Minister Pramod Sawant provides legal recognition to houses built prior to 1972 without occupancy certificates. Village panchayats and municipalities are mandated to issue such certificates within seven days upon payment of Rs 1,000 fee. The government claims the measure will enable families to access financial and legal support, and facilitate future construction.

Shops constructed before 1972 are also eligible under the scheme, while ownership rights for houses built before February 28, 2014 are to be granted under Section 38A of the Goa Land Revenue Code, 1968. 

The benefit applies to homes situated on revenue land, alvara, mokaso, lease areas, government property, and comunidade land, for plots up to 400 sqm with an additional two-metre buffer. 

Sawant had maintained that nearly 95 per cent of Goans will benefit from various components of the programme.


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