Political erosion of Goan land rights
The proposed regularisation of illegal structures on Comunidade lands by the BJP-led State Government marks a pivotal turning point in the political and legal trajectory of land governance in Goa. The introduction of policies aimed at normalising unauthorised encroachments reflects a systemic dilution of Goa’s traditional landholding structures, inherited from the Portuguese colonial era and crystallised in the Code of Comunidade. The impending legislation seeks to legitimise past violations under the garb of socio-economic welfare, but its latent effect would be the unchecked regularisation of land grabs in a state already facing a demographic upheaval.
Communal ownership versus national expansion
Comunidade lands are not private properties. Governed by the Code of Comunidade, these lands are held in trust by village associations for the common benefit of the Gaunkars, with usage rights traditionally defined by the principle of collective stewardship. The creeping transformation of these communal lands into tradable commodities undermines the jurisprudential basis of usufructuary land ownership, codified in Article 5 of the Legislative Diploma No. 2070, and threatens the core constitutional principle of equitable distribution of material resources under Article 39(b) of the Constitution of India.
The centralisation of legislative initiatives around land in Goa reflects the larger trend of nationalist land acquisition strategies being subtly legitimised through State-led welfare schemes. These include large-scale real estate conversions, the misappropriation of agricultural lands, and indiscriminate permissions for mega projects, many of which are backed by investors outside Goa.
Lessons from the Emirates - local stakeholding as a condition precedent
A comparative policy example from the United Arab Emirates (UAE) may offer a solution. Under UAE commercial law, foreign investors are prohibited from owning more than 49% of mainland businesses. The remaining 51% shareholding must be held by a UAE national typically a “silent partner” in exchange for a fixed annual fee. This mandatory local partnership not only prevents full-scale external control over native resources but ensures economic inclusivity for Emirati citizens.
Further, under UAE property law, expatriates are only allowed leasehold rights commonly for a period of 99 years especially in designated freehold zones. These long-term leases maintain State sovereignty over land while permitting commercial use without risking permanent alienation. This model could serve as an effective framework for Goa, whose land rights are presently being jeopardised by perpetual sale deeds favouring high net-worth individuals from metropolitan cities like Delhi, Mumbai, and Bangalore.
Proposal for a Goa Land Sustainability Bill, 2025
To arrest the erosion of land ownership by indigenous Goans, it is imperative that a private member’s bill be tabled in the Goa Legislative Assembly titled The Goa Land Sustainability and Local Ownership Bill, 2025. This Bill ought to be introduced by a Goan-born elected Member of Legislative Assembly (MLA) and must incorporate the following legislative features:
1. Local ownership mandate “ No freehold land transaction may be executed in favour of a non-Goan purchaser unless a Goan-born citizen is taken as a minimum 51% co-owner, with rights to first refusal on future sale.
2. Long-term leasehold system “ Land transactions involving non-Goans should only be allowed on a leasehold basis, capped at 99 years, renewable upon verification by a District Land Sustainability Tribunal.
3. Heritage zoning “ Areas classified as heritage panchayats or cultural zones shall be non-transferable to non-Goans under any circumstances, barring public interest projects vetted by the Assembly.
4. Transaction taxation and disincentives “ All land purchases by non-Goans shall attract a Land Equalisation Cess of not less than 20% of the transaction value, which shall be diverted to a Goan Generational Equity Fund to support housing for native Goans.
5. Moratorium on liquidation of comunidade lands “ No Comunidade land shall be alienated or regularised unless the legislative procedure under Article 31-A of the Code of Comunidade is complied with, and such action is ratified by a three-fourths majority in the Legislative Assembly.
Echoes of the special status movement
This proposed legislation resonates with the post-liberation movement advocating for Special Status to Goa under Article 371 of the Constitution. Although this demand was historically overshadowed by economic liberalisation and political realignments, the threat of cultural and demographic dilution has brought the issue back into the public discourse.
The Goa Land Sustainability and Local Ownership Bill, 2025 seeks not only to achieve the spirit of Special Status by legislative means but also to translate it into actionable land regulation norms. It attempts to balance the need for economic progress with the imperative of protecting Goan identity, heritage, and inter-generational land equity.
Judicial recognition of State autonomy in land regulation
The Supreme Court of India has repeatedly recognised the power of States to regulate land through reasonable classification, provided it does not infringe Article 14. In State of Rajasthan v. Basant Nahata, (2005) 12 SCC 77, the Apex Court held that land reforms and ownership rights fall within the domain of the State Legislature under Entry 18, List II of the Seventh Schedule.
Similarly, in K.T. Plantation v. State of Karnataka, (2011) 9 SCC 1, it was affirmed that reasonable restrictions on land ownership to protect the public interest do not violate the right to property under Article 300A, so long as such restrictions are backed by law.
Preserving Goa for Goans
The path forward must not rely solely on judicial interpretations but on robust legislative mechanisms. If the Goan identity is to be preserved beyond rhetoric, its most tangible form land must be safeguarded. The State Assembly, particularly its Goan-born members, bears a constitutional and moral responsibility to ensure that future generations of Goans inherit more than just nostalgia. The proposed Bill offers a blueprint for achieving that vision.
