Wednesday, June 15, 2011

Claim for Commons: Goa-II (COMUNIDADE OF MAPUSA)

Date: February 7, 2011

The Chief Secretary,
Government of Goa,
Porvorim- GOA.


Sub: Supreme Court Judgment - Civil Appeal No. 1132/2011 @ SLP(C)  No. 3109/2011 (Arising out of Special Leave Petition (Civil) CC No. 19869 of 2010)  

Attached herewith, please find the copy of the above Judgment of the Hon. Supreme Court of India with special reference being made to para 23 of the  said Judgment to invite your kind attention to the following for immediate and prompt action:

The case in point is a commercial development taking place at Morod,  Mapusa. The attached 'Property Card' of the Mapusa City (copy) shows that the concerned property under  PT Sheet No. 163; Chalta No. 5/4 has an area of 4100 square meters with the ORIGINAL OWNER being shown as 'COMUNIDADE OF MAPUSA', TENANTED  to Shri. GOVIND RAMA NAIK, and in POSSESSION of Shri. Raojee S. Rane. COMUNIDADES OF GOA were earlier known as 'GAONKARIES' meaning COMMUNITY AS LANDS OWNERS.

The said property is an agricultural field which came into the possession of Shri. Govind Rama Naik as a Tenant under the 'land to the tiller' -  THE GOA AGRICULTURAL TENANCY ACT, 1964 - G D D Act No. 7 of 1964 [16th December, 1964] whereby Shri. Govind Rama Naik was  only authorized to cultivate the agricultural field in his possession as a tenant, not authorized to  transfer the land to any other THIRD PARTY nor have it CONVERTED to any other purpose  other than agriculture. With reference to the Conversions of Agricultural lands, the Hon. Chief Minister has given undertaking in the recently concluded Assembly Session that no such  tenanted agricultural lands shall be converted.

All these things have been done as are apparent through the attached 'property card' as well as the attached photographs where the agricultural field is being developed for commercial purposes by unauthorized person or persons.

Permit me to draw your kind attention to para 14 of the said Judgment where this particular development does not fall in any of the categories mentioned in the said Judgment i.e.  rehabilitation of landless labourers or members of Scheduled Castes/Scheduled Tribes or the land  actually being used for a public purpose. In fact, the collective of Mapusa citizens under the banner of Mapusa Nagrikancho Ekvott [MNE] has objected to the present Mapusa ODP (Outline Development Plan) planning  to commercialize  this surrounding agricultural area and has instead asked for public garden/park to be developed in this area as there is no free space around for the people to relax and unwind and for the children to play.

Kindly, therefore,  not only stop all construction activity in this property,  but also order for the demolition of whatever that has been constructed already, to restore the property back to it's original form and the ownership reverted back to the COMUNIDADE OF MAPUSA, striking off the name of the Tenant Shri. Govind Rama Naik, as a penalty for passing on his ill-gotten rights to the said 'community land'  vide the above mentioned Tenancy Act of 1964, and for un-authorizedly passing this parcel of land to a third party.
Let this set the PRECEDENT  to give teeth to the above Judgment of the Hon. Supreme Court so that all such already converted and developed agricultural lands  belonging to the Comunidades of Goa are restored back to the original form. Reference is made to para 14 of the said Judgment.

In anticipation of your speedy and just action,

I remain,
Yours faithfully,
383A  Pirazona Moira Bardez Goa - 403 507 -  Phone: (0832) 2470223  (M) 9890470896

Copy: Supreme Court Order dated 28 Jan., 2011
Copy:  Property Card
Copy:  Survey Plan
Copy: Colour  Photographs x 4    
Copy: To the Registrar, High Court of Bombay at Panjim-GOA, for kind information.

1 comment:

  1. An update from Floranio Lobo

    One of the first to set the 'precedent' towards implementation of the Hon. Supreme Court Judgment on preserving COMMUNITY LANDS all over India. The following letter was sent to The Chief Secretary on February 7, 2011 and has been inwarded at the Secretariat as well as the HC of Bombay at Goa, Panjim, Goa. This letter to the CS was forwarded to the Collector for investigation. Collector has forwarded it to the Mamlatdar for investigation. It is, as usual, the passing of the buck business.

    A RTI is planned to be filed for status of the investigation.