PANAJI
A bill proposing key amendments to the Code of Comunidades which was passed in the State Assembly on Wednesday is likely to impact people, events, housing development companies and organisations in the State.
Under a new Article 41-A which has been inserted, any member of the Comunidade involved in litigation with the Comunidade with respect to a land claim is deemed to have vacated office from the date of filing of the suit and is barred from contesting elections to the Comunidade body.
“The insertion of the new Article 41-A appears to target a family ruling the roost in a particular Comunidade in South Goa. The family is accused of taking over large tracts of land by controversial means and taking undue advantage of controlling the Managing Committee,” said a source who is familiar with Comunidades in the State.
“A member encroaching on Comunidade land is barred from holding office in the Comunidade or ceases to hold office from the date of the order passed by the authority. A stay on the competent authority’s order will not bring relief to such member.”
New Articles 316-A to 316-I have been introduced to enable commercial event and non-commercial events on Comunidade land and sets out the procedure that is required to be followed in a time-bound manner on receipt of an application.
“The insertion of Article 316-A is clearly to enable the holding of commercial event like Sunburn on Comunidade land. Several Comunidades along the coastal belt own large tracts of land on plateaus in South Goa. These Comunidade bodies will now be targeted by event organisers, after GIDC is reported to have closed its doors to such events,” said the source.
The Article 326 is being amended to include construction of commercial and commercial-cum-residential projects as well, as the extant provisions only permit grant of land for construction of houses.
“The amendment of Article 324 read with Article 326 appears to be meant for large housing development companies to facilitate acquisition of large tracts of Comunidade land. Extant provisions of the Code do not permit grant of land for commercial or commercial-cum-residential development,” said the source.
Under a new Article 334-D, grant of land made to any religious institution gratis and which is held legally by such religious institution for over 50 years, such land shall stand vested with the religious institution absolutely and the Comunidade shall be divested of its rights with respect to the said land.
“The amendment to Article 334-D is perceived to be enacted to blunt the claim of a particular Comunidade involved in a legal dispute with a religious institution in South Goa,” the source added.
