TEAM HERALD
PANJIM: Three prime tracts of sloping land admeasuring nearly one lakh square metres, belonging to the Comunidade of Bambolim have been usurped and sold forcing it into litigation to safeguard its land from the present illegal occupants, Comunidade members have alleged.
While the final outcome of the dispute is for the courts to decide, the mystery remains how large tracts of land belonging to the comunidade suddenly appeared in the names of private persons. The case of the Bambolim comunidade is not unique and several comunidades in the state have seen their lands slip into private hands with some comunidades battling the usurpers, while others connive with them.
According to documents accessed by Herald, the disputed land under survey No. 93/2, 93/3 and 93/4 totalling 97,500 sq m which has traditionally been surveyed as comunidade land has suddenly and allegedly “fraudulently” been sold.
The Comunidade of Bambolim has pointed out that the three survey numbers were earlier part of two large properties one named as Saveli Gali and the other as Oros. As early as 1972-73 the property bearing Lote No. 47, 48 and 49 was shown to belong to the Comunidade of Bambolim as per the Planta Cadastral da Comunidade de Bambolim available with the Department of Survey and Land Records.
Further, part of the Saveli Gali property was acquired for construction of the Goa Medical College, Hostel and hospital buildings. “As per the acquisition plan of the government… compensation was paid to the Comunidade de Bambolim. The property called Oros too was surveyed as comunidade land.
“These documents show that the property Saveli Gali and Oros were independent properties and were in possession of the comunidade even in 1970 and were not private properties of any person,” the Comunidade contended.
The ownership and possession is seen from various land acquisition proceedings and civil proceedings where the comunidade was shown as owner and compensation paid to them. Yet however, two persons have claimed to be owners of the property and sold the entire 97,500 lakh sq m of land to a third party back in 2006.
The comunidade has said that that Maximo Mergulhão, husband of Dionisia, (who initially sold the property to Tamba) claimed ownership of the land on “purported certificate allegedly issued by the then Escrivão de Comunidade de Bambolim” in 1904 that he is an heir of a comunidade lessee.
However, Maximo Mergulhão could not establish his title and the court came to the conclusion that the certificate produced by him was in relation to another property called Bailem Fondiem, the comunidade claimed. The comunidade also alleged that the same person made several claims to several properties of the comunidade without having any title documents and using the same purported certificate.
In his defence, the purchaser has claimed in a letter to the Town and Country Planning Department after the department asked for his clarification based on complaints by the comunidade saying that that the properties have “at all time been private properties and in his peaceful and uninterrupted possession and enjoyment,” and said that similar claims of the Comunidade of Bambolim were made earlier and were rejected even at the level of the Supreme Court. He instead alleged that the Comunidade of Bambolim has “conveniently and in fact with ulterior motives suppressed all facts… to hoodwink and misguide the authority. A similar letter was sent by another of the interested parties to the Town and Country Planning Department.
