Panjim’s National Theatre demolition script has a few twists and turns

Panjim: The historic National theatre also known as Cine Teatro Nacional will be razed to the ground. The building stands on the land now belonging to the Corporation of The City of Panjim. The building was leased to M/S Rao and company. CCP Commissioner Agnelo Fernandes said a compromise had been arrived at with the Rao and family.

 As reported 400sq m will be given to the Rao family for the newly erected commercial building will be given to Rao family.

Ex CCP mayor Surendra Furtado has strongly objected to the proposal citing that the 30-year lease period has expired and CCP can take possession of the property without any encumbrances.  

In his complaint to the CCP commissioner, Agnelo Fernandes, Furtardo mentions that clause 5 of the lease deed states that on expiry of 30 years period or termination of the lease the corporation of City of Panaji is entitled to take possession of the property in case the lease is not renewed. Since the lease is not renewed the CCP can rightfully take the property.

The CCP is also entitled to collect a property tax as per the Municipal act and CCP act, since M/S Rao and the company has not paid the taxes the corporation should assess such tax so that while making compensation the CCP can adjust taxes.

Furtado’s complaint also states that since Rao left the building unattended for years, they’re not entitled to a settlement as CCP can legally acquire the property.

 Furtado told Herald that when he was the Mayor he had received complaints that the building is used for illegal activities like Matka gambling and prostitution. He said that the lease agreement with M/s Rao & Company was signed on November 12, 1975, and was a registered partnership firm with six partners. The lease deed commenced for an initial period of seven years and expired on November 24, 2005. Since then, the building is in possession of the leaseholder who demanded that the Corporation should take over its possession.

Furtado alleged conspiracy in the decision to give 400 square meters of area. He said that it was unfortunate that the Commissioner, who was also the Estate Officer and custodian of the government, had to safeguard the interest of the government properties by compromising these interests and protecting the interests of the tenant.

 Furtado has said, “Commissioner acts as an Estate officer thus presides as a judge hence a judge himself can’t advocate that CCP should compromise with the tenant without hearing the case or giving his judgment. This is a clear case of setting."

 CCP Commissioner Agnelo Fernandes responded by saying that “The building is not a heritage site. The building is in a bad condition with cracks, it could crash down any second. The case has been dragging on for nearly 2 decades now, the CCP and Rao family have agreed to compromise and accordingly put down the building.” He added that the building will be demolished after the agreement is signed this week.

Activist, Shailendra Velingkar said that Panjimites are entitled to transparency and accountability by the corporation and decisions should not be taken on basis of commercial interests only. “The commissioner, being the middle man, is trying to settle with the Rao family. I don’t know if this provision is within the legal framework. The people of Panjim should be consulted as they are the opinion makers.