Editor, Goemkarponn
AERIAL VIEW
Sawant says the goal is to protect Goan homes, not to win votes and added that all community committees will be given the utmost confidence by the government regarding this issue.
Sawant says the intention was not to regularize the homes of outsiders or those who had encroached upon comunidade land.
Now the question arises is that the government had made a similar move in 2021 when a Bill was tabled in the Goa assembly at around 3.30 am on July 30, the previous day’s session having sat for a record 17 hours, until 4.30 am.
On August 10, 2023 the bill was withdrawn and thus the controversy was laid to rest.
However, the authorities have now found a new way of regularising these illegalities.
SURAJ NANDREKAR
Editor, Goemkarponn
Chief Minister Dr Pramod Sawant said that government would introduce a bill to amend the Code of Comunidade during the next winter session of the State legislative assembly for regularising the houses of Niz Goenkars.
He said he believes that the regularization of Niz Goenkar’s houses is necessary and in order to safeguard their interests, the government will amend the revenue laws and the Comunidade Code.
Interestingly, over 500 demolition notices have been issued in the Canacona Taluka. Additionally, more than 200 demolition notices have been issued in Aldona and 150 in Saligao.
Sawant says the goal is to protect Goan homes, not to win votes and added that all community committees will be given the utmost confidence by the government regarding this issue.
Sawant says the intention was not to regularize the homes of outsiders or those who had encroached upon comunidade land.
Now the question arises is that the government had made a similar move in 2021 when a Bill was tabled in the Goa assembly at around 3.30 am on July 30, the previous day’s session having sat for a record 17 hours, until 4.30 am.
On August 10, 2023 the bill was withdrawn and thus the controversy was laid to rest.
However, the authorities have now found a new way of regularising these illegalities.
What was the Bhumiputra Bill?
That Bill called the Goa Bhumiputra Adhikarini Bill was passed without a discussion, and received backlash across the political and social spectrum
The Bill aimed of providing “a mechanism to give ownership right to dweller of a small housing unit to enable him to live with dignity and self-respect and exercise his right to life,” the Bill provided the legal basis for the Goa government to set up a “Bhumiputra Adhikarini”, an authority that would receive applications from ‘Bhumiputras,’ and after hearing objections, would be empowered to declare the applicant as the owner of the premises he was living in.
The Bill said that any person living in Goa for at least 30 years would be defined as a “Bhumiputra” and would be eligible to file an application for ownership under the Act. Further, a decision of the Bhumiputra Adhikarini cannot be challenged in any court of law.
According to section 4 of the Bill, “the Bhumiputra Adhikarini (authority) may by an order declare a Bhumiputra to be the owner of the dwelling unit occupied by him upon payment of an amount equivalent to the value of land calculated at the market rate and such other amounts…where the land is not owned by the government the amount received shall be transferred to the owner of such land.”
After consideration of objections, if any, the Bhumiputra Adhikarini shall pass an order, as deemed fit by it deciding the value of the land and the charges/fees to be paid by the applicant under various law including conversion charges, infrastructure tax, except penalty and convey his decision to the applicant, along with the challan for making payment as aforesaid.
After receipt of the amount, the Bhumiputra Adhikarini shall issue an ownership sanad to the applicant in such form as prescribed and Mamlatdar having the jurisdiction shall make an entry in the (land) Record of rights, based on the Ownership Sanad granted by Bhumiputra Adhikarini under sub-section without any further notice or any proceedings.
The Bill was withdrawn …
We understand the Bill was clearly a licence to a person who is sitting on your land on April 1, 2019, to automatically, by this legislation, acquire ownership rights and title to your property. Irrespective of whether he’s an encroacher or even if he’s your tenant.
Govt said 30 years’ residence (to be eligible), but it doesn’t say that it should be 30 years in that house. It only requires residence anywhere in Goa for the last 30 years and then you should have been in that house on April 1, 2019.
On August 10, 2023 the bill was withdrawn and thus the controversy was laid to rest.
