Captured by : VANXIM VILLAGE-OZONE_SAGUN
In the past few weeks, there have been a number of confusing and misleading statements in the print and electronic media regarding the sale of land at Vanxim, carried out by the Archdiocese of Goa. Although the Archdiocese, through the Diocesan Centre for Social Communications Media, had issued a clarification regarding the said sale of land in the year 2010, a renewed spurt of misinformation is being spread by some individuals, which calls for a more detailed response from the Church. The Archdiocese of Goa would, therefore, like to put forth in detail the facts, circumstances and the process followed in the said case, for the appraisal of all.
The Santa Monica Fund of the Archdiocese of Goa and Daman owned a property at Vanxim (Capao Village), of Sao Mathias Panchayat, admeasuring a total of 5,83,592 sq. mts. It consisted of (1) encumbered, (2) unencumbered and (3) residential areas. The encumbered area admeasured a total of 3,00,275 sq. mts. This was chiefly an agricultural property (paddy fields before 1970) which had not been cultivated for decades due to inundations. The unencumbered area was 1,85,125 sq. mts. while the residential area admeasured 98,192 sq. mts. An area of around 1,43,050 sq. mts. in the same island belongs to other private owners.
From 1992 onwards, the Archdiocese had been receiving requests from various companies and individuals to sell certain portions of the encumbered and unencumbered land at Vanxim. Owing to these repeated requests, the Archdiocesan Authorities had sought the opinion and valuation from competent and knowledgeable individuals. These opined that such applications requesting the purchase of only a part of the property should not be entertained, because of the peculiarity of the situation in Vanxim. They added that, if at all the Archdiocese decides in future to consider any such applications, it would have to be for the entire property, and not for its parts. They also suggested that land should not be sold for less than Rs.10 per sq. mt. The maximum offer that came up around that time was Rs. 4 per sq.mt. for unusable land and Rs. 6 per sq. mt. for usable land. The Archdiocesan Authorities rejected these requests.
Meanwhile, in the year 1995, some members of the “Tenants Association of Vanxim” moved a petition before the Mamlatdar for the purchase of the encumbered land that they claimed to cultivate. In the month of July of the same year, the Mamlatdar passed an Order under section 18A read with 18C (5) and 18D of Goa, Daman and Diu Agricultural Tenancy Act of 1964, stating that the purchase price for the tenants would be 35 paise per sq. mt. and that the tenants would be free to purchase the land as per the rate fixed by the Mamlatdar.
The Archdiocesan Authorities, on receiving the pertinent notice from the Mamlatdar, requested him to dismiss the petition made by these so-called tenants for the purchase of the land at Vanxim. The said letter clearly stated that the land belonged to the Archdiocese and that it was not cultivated for several years as it was not suitable for cultivation. It was argued that, as per the law, if the tenant did not cultivate the land for a period of 3 years, the tenant would automatically lose his tenancy rights over the said land and that the land would revert back to its rightful owner, i.e. the Archdiocese, a Religious Charitable Institution.
The Mamlatdar, however, passed orders contrary to what was requested by the Archdiocese and intimated the Archdiocese ( letter dated 16/07/1996) to collect the purchase price which would be deposited at the Mamlatdar’s office by the tenants of Vanxim. The office of the Procurator of the Archdiocese refused to accept this letter. Since the above mentioned letter was not accepted, the office of the Mamlatdar wrote another two letters, dated 22/07/96 and 15/10/96, asking the office of the Procurator to collect the demand drafts which were drawn in favour of “ and stating that the same would have to be collected and encashed before the expiry of their validity, failing which all the amount deposited by the tenants would be credited in the Government treasury. The Archdiocese refused to accept these letters as it considered the order of the Mamlatdar unacceptable and injurious to the rights of the Archdiocese.
Meanwhile, in January 1996, a company sent in an application dated 16/01/1996 for the purchase of land at Vanxim, informing that they had held several meetings with the people claiming to be tenants in the said property. They made an offer of Rs. 5/- per sq. mt. for the encumbered area and Rs. 10/- per sq. mt. for the unencumbered area.
There was also another proposal from a firm, dated 15/06/96, enclosing a copy of an N.O.C. from the Tenants Association of Vanxim, dated 26-02-96. There were also other parties that approached the Archdiocese, offering to buy properties in the island of Vanxim and who disclosed that they were already in contact with the “tenants.”
It is pertinent to note that every party that was approaching the Archdiocese to buy land at Vanxim would first enter into an understanding with the “tenants,” since their names had been entered in the survey record (Form I & XIV). It was revealed that the tenants themselves were trying to strike the best deals with the prospective buyers.
Before taking into consideration these various offers, the Archdiocesan Authorities sought an opinion from an expert in the legal field, as the matter in question involved encumbered land. A detailed and elaborate legal advice was received. The legal expert opined that the tenanted land could not be sold, but instead, a Deed of Transfer and Assignment of Rights could be executed, with the understanding that the interested party would have to deal with those whose names appeared on the tenants’ column of Form I and XIV. He would have to get the necessary changes done on the survey records following due procedures and the price of the encumbered land would have to be apportioned by the buyer between the owner and those appearing on the tenants’ column in the survey record.
The above proposal was discussed in the Diocesan Finance Committee. The then Procurator of the Archdiocese was authorized to negotiate the price of the land, based on an appropriate valuation.
The valuation was done by two competent valuers once again in 1996. One of them valued the encumbered property at Rs.6 per sq. mt. and the unencumbered at Rs. 20 per sq. mt. The other valued the encumbered land at the rate of Rs. 2.50 per sq. mt. while the unemcumbered land was valued at Rs. 15 per sq. mt.
The negotiations with the interested parties did not result in any deal, since the price quoted was not accepted by them.
At this juncture, a new application was received from one Mahendra Gaunekar. He made an offer to the Archdiocese for the purchase of the entire property. His proposal was discussed in various committees, which suggested that the residential area should not be alienated. However, they recommended a Deed of Transfer and Assignment of Rights for the encumbered land at the rate of Rs. 6 per sq. mt. and a Deed of Sale for the unencumbered land, at the rate of Rs. 20 per sq. mt. The said Mahendra agreed to buy the unencumbered land for Rs. 20 per sq. mt. and, as far as the encumbered land was concerned, he informed that he would discuss with the tenants the modalities to acquire the said land. After long discussions with the so-called tenants, he agreed to buy the encumbered land too. Mahendra was clearly informed that the encumbered land would not be sold to him, but instead, only a Deed of Transfer and Assignment of Rights would be executed, whereby he would be required to consider the claims of the so-called tenants, if any.
Thereafter an Agreement of Sale was executed between the Archdiocese and Mahendra Gaunekar on 9/4/1999. Subsequently (1) a Deed of Sale for an unencumbered area admeasuring 1,85,125 sq. mts. for a total consideration of Rs. 37,02,500/- and (2) a Deed of Transfer and Assignment of Rights, for an encumbered area admeasuring 3,00,275 sq. mts. for a total consideration of Rs. 18,01,650/-, both dated 11/02/06, were registered before the Sub-Registrar of Panjim.
It is being alleged that the property was sold at a very low price. It is to be noted that Mahendra Gaunekar’s offer, at that time, was higher than the ones received earlier and it corresponded with the valuers’ rates.
After the execution of the Deed of Sale and the Deed of Transfer and Assignment of Rights, the said Gaunekar, once again, approached the Archdiocese with an offer to purchase the residential area, his letter dated 15/10/2009. The Archdiocese refused his offer and did not entertain his request. The Archdiocese also stopped selling land to interested residents of Vanxim, because it was reported that some residents who had bought land from the Archdiocese were selling it to Gaunekar.
There have been allegations that the Archdiocese has flouted the norms of the Canon Law while alienating its properties in Vanxim. The norms of the Church state that, when the alienation value exceeds the maximum amount established by the Episcopal Conference (the Catholic Bishops’ Conference of India), which, at that time, was Rs. ten lakhs, the Diocesan Bishop, acting with the consent of the Finance Committee, of the College of Consultors and of any interested parties, needs the permission of the Holy See (Rome).
After proper valuation, the value of the property was estimated to be more than 10 lakhs; all the above requirements of the Canon Law were therefore observed, namely, the valuation of the property was obtained and discussed in the Diocesan Finance Committee and the College of Diocesan Consultors, which recommended the alienation, keeping in mind the aforementioned N.O.C. of the so-called tenants. The petition was then sent to the Holy See, which granted permission for the requested alienation in 1997 ( Letter Prot. No. 1466/97, dated 08/04/1997).
Given the facts and circumstances of the case above, and particularly in the context of the Mamlatdar’s order that would have awarded the Church a mere pittance, the Church was compelled to alienate the said land by getting the best possible deal, considering the fact that this property belongs to the Santa Monica Fund, which is utilised for the ever-growing maintenance needs of the centuries-old building of the Santa Monica Convent, which today is a National Institute of Theological Formation in Old Goa.
It is regrettable that even after so many years have passed since the alienation of the land at Vanxim, following all Civil as well as Canonical norms, there are still some mischievous and malicious elements who are hell-bent on twisting the facts and spreading misinformation to defame the Church and her Persons and Institutions. We hope that the present detailed clarification will set this issue to rest once and for all.
