It is indeed a matter of pain that the ancient Gaonkari code which governed the functioning of not just the communidades, but of agrarian life in Goa, for centuries is now reduced to becoming a subservient arm of the government, where the government is actually seeking the “cooperation” of communidades to weed out illegalities.
While there is no denying that the Goa’s code of communidades has been violated and destroyed and forced to buckle to illegalities, it is ironical that cooperation is being sought from the communidades, when these age-old institutions have been a victim to the powerplay of politics which has literally crushed and destroyed the pristine code by which communidades were bound.
The communidades of Goa were like lighthouses guiding agrarian communities, giving them a sense of purpose, giving villages ownership, and control over their lands, and above all being institutions which governed the usage, distribution and governance of land in the rural areas of Goa. The role of communidades in keeping Goa the way it was, with village communities having absolute rights, can never be undermined. And we must be sensitive to the fact that the protectors of the unique communidade system have been virtually run over with the takeover of communidade land for various purposes which are a violation of the code. A massive number of illegal constructions, buildings and even housing complexes have come up on communidade land, sadly with the connivance of communidade officials.
But let us ask. Has any government, in the last twenty years seriously addressed the issue of the fading away of the ancient communidade system? Have they addressed the very practical issue of the unique rights of communidades, which have been trampled upon? Has any direction being given about the future of these ancient land management systems?
There are illegalities galore. Pick virtually any communidade. In Colvale, there are alleged massive illegalities in plot allotment. Plots were sold at Rs 50 per sqm whereas the actual cost of land was over Rs 10,000 per sqm.
In Serula, the sanctum sanctorum of comunidade illegalities, the inquiry officer in the Serula comunidade land scam, Srinet Kothwale, found large-scale commercial structures on the government land. Hotels, mega projects, auto centres, large hotels, etc, have come up on Serula comunidade land, all of which are illegal.
In August 2016 and then subsequently, Herald had run a continuous and relentless series on the massive illegal land grab at the Pedamol flat land. The land belongs to the Shirvoi Comunidade and the same was sold part-by-part for monetary gains to outsiders.
As many as 122 structures had mushroomed on the land. The government and the Revenue Department had decided to clear 100 out of the 122 structures but the final count now stands at 146.
The Attorney of the Margao communidade, once told Herald “As attorneys we can do nothing without the backing and support of the Administrator and how can we get any support from an officer who is changed every three months and also as they are totally ignorant about the Code of Communidades”.
Now, as we have reported “in a bid to check the growing irregularities in the functioning of communidades, and so also illegal encroachment of the land, the State government intends to bring in some major amendments in the comunidade code during the monsoon session of the Legislative Assembly”.
But while the present Revenue Minister Rohan Khaunte has made this move, it will be interesting to check what his predecessor Francis D’ Souza felt about communidades way back in 2012
D’Souza actually said, in response to the Supreme Court equating communidade land to community land, that this was “incorrect”. We ask the minister, if communidade land is not community land, then what else is it. The minster then said that he would “consider regularising illegal houses that were built up to the year 2000 on communidade properties in Goa”.
The biggest bane in Goa is the belief and acceptance that rampant illegal construction should be regularised. The commundades allowed the community control over village resources. It is the dilution of this system, which is the core of the Goan way of life, which is eroding.
This government and its people need a bigger decision from the government, which goes beyond legislation to prevent illegalities. It needs a visible and time bound assurance of clarity on whether the government indeed wants the communudade way of life, to thrive and prosper, or whether the commundades are still seen as soft targets for the illegal and rampant takeover of land, with very little challenge.
