Demands made by tenants…
To implement Agricultural Tenancy Act 1964 and its rule,
To conduct a survey of tenants as per Agricultural Tenancy rule 1967 and give effect to Land and Tiller Act 1976.
To scrap down judgments and orders passed by Civil Court, District or its Appellate Courts in Tenancy cases.
Goemkarponn desk
PONDA: With the Government passing the Bhumiputra Bill wherein even migrants residing in the house for 30 years would get ownership right, the original bhumiputras – tenants and mundkars in Goa, fighting for years to get their right under Agriculture Tenancy and Mundkarial Act, have urged Government to look into their grievances first.
“If Government really bothers and loves local Goans, then before implementing Bhumiputra Adhikarini bill, it must look into the pending tenant, mundkarial cases, and direct the Mamlatdars to expeditiously dispose them,” the tenants and munkars say.
They have demanded that the Government implement Agricultural Tenancy Act 1964 and its rule and conduct a survey of tenants as per Agricultural Tenancy rule 1967 and effect the Land and Tiller Act 1976.
The tenants have also demanded that the Government scrap down judgments and orders passed by Civil Court, District or its Appellate Courts in Tenancy cases.
According to Ramkrishna Zalmi, Convenor of “Goycho Kul Mundkaracho Avaz” Government should direct mamlatdar to initiate procedure under Agricultural Tenancy and Mundkarial Act 1964 and amendment made to it from time to time.
“Around 2000 Mundkarial cases are pending in various Mamlatdar Courts in Goa, which is only 10 per cent of total numbers of Mundkars and tenants. In reality, a total of 55000 mundkars and tenants exist in the state. The cases are filed due to dispute or harassment by the landlord,” he said.
He said that 60 per cent are Mundkarial houses, and 40 per cent are tenants who are cultivating land but have not filed with Mamlatdar for declaring them tenants or Mundkars.
In such cases, Zalmi said, mamlatdar must start declaring them the landowner and houses they possess.
“Tenants are deemed owners of the land they are cultivating. Still, sanads are not given as there are no procedures laid down by Mamlatdars. In 2014 Government brought an amendment to the Tenancy Act and introduce Sunset clause, Contract farming clause but later withdrew for strange reasons,” he says.
He said that cases were also transferred to Mamlatdar. Before that, due to three years Sunset Cause, those who had applied for their rights with Civil Court lost their right to land as cases were dismissed as two hundred fifty tenants were failed to provide documentary evidence.
Contrary to this, there is no need for such proofs in Mamlatdar Court, and tenants never lost cases in Mamlatdar court though they are pending, he says.
“Government should look into these problems. Many tenants do not have money to buy houses and land at rates demanded by landlords and so never file a petition with Mamlatdar Court to purchase those lands,” , said Ramkrishna Zalmi.
One advocate handling the tenant / mundkarial cases, speaking to Goemkarponn on anonymity, said that if the Government is committed to giving justice to these Bhumiputra tenants/ Mundkars, it does not require much time.
He said the Government should direct the Mamlatdar to start procedures, surveys, and inquiries for declaring tenants or Mundkars.
Another lawyer said if a survey of tenants is not conducted before implementing any provision of the Tenancy Act, 99 per cent of cases of tenants will fail. Hence, because the Tenancy Act is beneficial legislation, the Government should transfer the benefit of the Act to the tenants.
“Otherwise, amending the Act again and again and then taking U-turns without touching the heart of the Act is of no use. If the Act was implemented after the amendment in 1967, all tenants would have become land owners in 1980. Still, sadly Government is not interested in looking after the interest of farmers,” he said.