Orlando S. A. Da Silva
Carmona’s claim over a certain beach stretch was recently pooh-poohed at the gram sabha meeting of the neighboring village of Varca.
Just because Carmona had no godfathers in the administration and Carmona’s elected sarpanchas failed to exercise their clout in government or feared to challenge their local political masters or elected MLAs who failed to see reason and speak truth for fear of electoral gains, the Carmona beach case has remained in limbo for the past 15 years with the authorities shying to take a decision for reasons best known to them.
The following historical documentary facts and maps will set right the distortion that is being talked about in the Carmona beach case.
Vide notification 4-56-76-UDD (M) dated 19th November 1976 issued by F. A. Figueiredo, Under secretary (UDD) by order and in the name of the Lieutenant Governor of Goa, Daman and Diu, in exercise of powers conferred by sub-sections (1) and (2) of section 18 of the Goa, Daman and Diu Town and Country Planning Act 1974 (actno21 of 1975) clearly states that the western boundary of Carmona is the Arabian sea. A detailed plan of the areas covered is also shown in the Annexure XIII to this notification.
The Regional Plan for Goa Towns and Villages 1977 along with different maps prepared to show communication facilities, educational facilities, power distribution facilities, cultural facilities, medical and health facilities, hierarchy of settlements 2001 a.d., by the Town and Country Planning department, Government of Goa, Daman and Diu, in June 1979 clearly shows that the western boundary of Carmona village is the Arabian sea and the Eastern boundary is the River Sal and village of Chinchinim. In the North lies Varca and Orlim and in the south lies Cavellosim.
The Residents of ward Zalor who are mostly mundkarial tenants of the original owners of survey no 123, 124, 125 who happens to be a resident of Varca and whose property extends up to the Arabian sea are voters of VP Carmona. Their houses bearing numbers 676 to 700 are registered with VP Carmona. Their births and deaths are registered in the church of Carmona. The electricity department of Goa has shown Zalor as part of Carmona circle no1/A/B/C/D and all the electricity bills show the circle as Carmona and this includes survey no 123, 124, 125 which are wrongly surveyed as part of Varca.
Official gazette “ Govt of Goa dated 15th November 1996 Extraordinary No 2 shows the different wards for all villages of Goa (local area comprising of village/group of villages or part (wads) and Zalor is shown as part of VP Carmona and 1st Fatrade as part of VP Varca.
So if one analyzes and reasons out the location of houses which exist from time immemorial with the voters list in electoral rolls since 1976 (pre-survey) and after survey from 1996 onwards, there can be no scope for any distortion and misrepresentation. Also Official Gazette- Govt of Goa (extraordinary no 3 Series II No 33 dated 16th November 1996 shows the location of houses wards wise of each and every village of Goa.
The survey records even though promulgated are not accepted as ownership records by the courts in legal disputes and therefore legally not tenable and relied upon as documentary proofs in disputes such as this. When there is a notification for formation and demarcation of villages, survey records cannot replace these gazetted notifications. In several cases of boundary disputes it is held for example in village of Navelim ward Fradailem is surveyed in village Dramapur but the said ward is under the jurisdiction of VP Navelim. Similarly in Sarzora, a ward known as Narapoi is wrongly recorded in survey records of Cuncolim Municipality, but the ward is in the jurisdiction VP Sarzora, for all administrative, revenue and electoral purposes.
In a case of one resident of Zalor in survey no 124 which is in dispute, the VP Varca had issued a demolition notice but the said construction was regularized by VP Carmona and the appeal of the resident of Zalor was upheld in his favour by the concerned authorities and courts.
The government at the time of demarcation of villages, demarcated Zalor as part of Carmona vide official Gazette no 52, series no 1 dated 29/03/1977 pages no 562 and 576. Ward Zalor is an integral part of the VP of Carmona vide plan Junta local of our village, village plan of Communidade and livro Turbo of Communidade of Carmona and Varca.
The Dy Director of Panchayats South Goa vide order no 19/33/DP/Demarcation/2010/21 dated 28/04/2010 on the direction of the HC of Bombay in Goa as per the writ Petition no 176/219 issued notice to VP Carmona with copies marked to BDO, Mamlatdar Salcete and DoP to provide some information on the matter and which was duly submitted by VP Carmona but till date the issue is not settled.
VP Carmona has raised the beach issue at different forums including the HC in petition 176/219 armed with the above documentary proofs, but the HC referred the issue to the office of the Dy. Director of panchayats and the collector to decide on the matter being the appropriate authorities to decide such boundary disputes.
As a resident of Carmona and being an ex member of VP Carmona having full historical knowledge of the case with above documentary proofs in possession, I challenge the VP Varca and its elected representative to put on record in public domain any other documentation in their possession to claim that Carmona has no beach.
