But that was all in theory. Till today, thanks to hegemonic thinking on this issue, very few critiques have been made of how the mundkar and agricultural tenancy laws actually worked out in real life. It is assumed that these were a great initiative, implemented with noble intent, and brought about good results.
But this is where the logic soon comes unstuck. First of all, look at the results. Small landholders lost their land. Many who were settled outside Goa (and ours is a heavily diasporic-region) could simply not fight back. Some, located in nearby places like Bombay or Mumbai, have attempted to seek justice for themselves. They run into repeated legal adjournments, piles of legal and other costs, and heart attacks.
Many affected lost the single home they owned. Those who had rented out places to stay could not claim it back. In parts of Bardez, villagers will point to a large-sized home, occupied by, say, the family of a taxi-driver. They had been sheltered there in an act of kindness, and went on to claim this as their own. This was not what the 'mundkar' act was supposed to be. Those with political clout could misuse the law.
Comunidades were treated as if they were zamindars, when actually these were the antithesis of private ownership. Those in power went on to apply concepts which were from entirely another context, to the realities of Goa. Those who gained would not question it; those affected, could not do anything about it. The latter were largely politically dis-empowered by then, thanks in part to the changing power equation.
Yet huge landlords managed to emerge unaffected. They jumped onto the political bandwagon, supported one side or the other, and themselves entered politics. Nobody could touch them. Till this day, Goa does not have a Land Ceiling Act.
At the same time, people claiming to be tenants bought over large chunks of lands, even entire hillsides. Agricultural fields got filled up for land speculation. Productivity in the fields crashed, despite Goa having spent hundreds of crores over irrigation channels and dam projects. This is the reality.
Other things began happening too. Landowners, unable to cope with the political clout of their tenants, starting making direct deals with builders from outside the State. The demolition of part of a home in Assagao has shades of this, though it is an issue we all have chosen to quickly forget.
In another set of cases, tenants started claiming they were not tenants. A three-way deal was made between builders, earlier owners and the tenants. Everyone "settled amicably", and made money from the resultant real estate deals. Towers were built in a large area of fields which were legally sold for, say, nine lakh rupees in suburban areas. So who exactly is fooling whom?
Forget the 1960s and the 1970s. Move over to 2024. Now we have The Goa Escheats, Forfeiture and Bona Vacantia Bill, 2024. Without any time for discussion over the same, the Government passed the law in the matter of a few days.
The Opposition has critiqued the Act, but it has been too little and too late. In the meanwhile, the Act was tabled by Revenue Minister Atanasio "Babush" Monserrate, and passed.
With provisions like Sec 11 of the Act ("Any property lying in the State of Goa abandoned by its rightful owner shall belong to the Government") it is easy to understand why the concern and fear over how such a law could be implemented.
We obviously still don't understand enough of this law, and it's the time to study its key terms. Including escheat (property when an individual dies without legal heirs), bona vacantia (property without a clear owner), and unclaimed property (any immovable property or 'treasure trove' without an owner).
Incidentally, in other parts of the globe (e.g. Alberta, Canada), one can find government initiatives to help people find and claim their missing property. Here, the government seems eager to claim it for itself.
There still is little understanding over what could be the long-term implication of the law. For instance, some states like Telangana have a similarly-named law, dating to 1974, which outlines the procedure for declaring property as escheat or bona vacantia.
Madras (the old Presidency) had its Madras Endowments and Escheats Regulation, 1817, dating back to distant colonial times. Andhra passed the law in 1974, Rajasthan in 1956, West Bengal in 2012, Kerala in 1964, among others. How has the law been implemented now, and why the need for it currently in Goa? How fairly will it be implemented? What role will political connections play?
We are being told the law will help "combat land grabbing", avoid "illegal transactions" and "protect public land". But there is cause for concern in a State where a number of politicians have themselves got enmeshed in real estate deals, directly or otherwise.
Besides, the recent developments at Cunchelim, where lands taken over for a crematorium were sold to land-hungry folks needing housing, is another major scam and pointer to 21st century land rackets in the Goa of our times. Only time will tell.
