Team Goemkarponn
PANAJI: A Public Interest Litigation (PIL) has been moved before the Bombay High Court at Goa challenging the State government’s policy to regularise houses built on Comunidade land.
The petition, filed by social organisation Goyche Fudle Pilgie Khatir along with a gaunkar, contests the legality of the amendment introduced through Goa Act 16 of 2025. The amendment inserted Article 372-B into the Code of Comunidades, paving the way for regularisation of residential structures built on Comunidade land before February 28, 2014.
Under the scheme, eligible occupants can obtain ownership rights over the land after payment of prescribed fees.
The petitioners have argued that the legislation dilutes the traditional Comunidade system, under which village community lands are collectively managed and protected. They alleged that the new law effectively legitimises encroachments and transfers valuable community land into private hands.
The PIL further contends that the amendment violates constitutional safeguards relating to property rights and deprives Comunidades of control over their land without adequate compensation.
Objections have also been raised over the compensation mechanism prescribed under the scheme, with the petition claiming that the fees fixed for regularisation are significantly lower than prevailing market values, causing financial loss to the Comunidades.
The petition has additionally challenged provisions that permit “deemed consent” from Comunidades if no response is received within the stipulated timeframe. According to the petitioners, this weakens the authority of Comunidades in decisions concerning their own properties.
Seeking judicial intervention, the PIL has requested the High Court to declare the amendment and related rules unconstitutional and to halt implementation of the regularisation process until the matter is adjudicated.
The petition also cited earlier directions of the High Court calling for strict action against illegal constructions and encroachments across Goa, including those on Comunidade lands.
