CANACONA: When a family from Agonda left on a pilgrimage to Vailankanni at the end of August, little did they realize that they would find themselves homeless, after a five-decade access to their house was suddenly cut-off by a neighbour claiming ownership to the property.
While 79-year-old Sebastiana S Fernandes has filed complaints against four persons with the police, panchayat, mamlatdar and deputy collector, she and her family continue to be cut off by a barbed wire fence to their house.
“The access road has been used by our family since 1965. But, some of our neighbours blocked it with a barbed wire fence when we had gone to Vailankanni between August 16 and August 21,” said Sebastiana’s eldest son, Marcos.
The persons named in Sebastiana’s police complaint are Lexington Fernandes, Jose Gabrial Fernandes, Donath Fernandes and Ermina Fernandes.
In its letter on September 12, the Agonda panchayat admitted that Lexington and Jose’s father, Thomas, had sought to erect a barbed wire fence on May 30, based on an NOC from the Goa Coastal Zone Management Authority (GCZMA).
Acting on the GCZMA NOC, the Agonda panchayat issued its NOC on July 25, on condition that the traditional access would not be blocked.
Following Sebastiana’s complaint, the panchayat called for personnel hearing on August 26. When none of the persons accused by Sebastiana attended the hearing, the panchayat inspected the site and issued a notice on August 27, directing the removal of the barbed fence.
Thomas challenged the panchayat’s notice before the Additional Director of Panchayats (Margao), who quashed the sarpanch’s notice and directed the panchayat secretary to take necessary action.
The panchayat discussed the matter afresh on September 11 and decided to revoke permission to erect the barbed fence.
Canacona Mamlatdar and Executive Magistrate Ravishekhar Nipanikar had also issued a conditional order on August 26, directing the removal of the barbed wire fence.
“The Mamlatdar had kept a hearing on September 8 and 9, but the opponents filed a complaint with deputy collector against the mamlatdar’s order,” said Marcos.
When contacted, Jose Gabrial Fernandes, one of the persons named in Sebastiana’s complaint, said, “The matter is sub-judice, as a hearing is scheduled in the court on September 22. It is wrong for a magistrate (Canacona mamlatdar) to have conducted another hearing on September 24 in the same matter.”
“Every one in the village knows that the three plots owners, accused by the complainants, have been repeatedly requesting them to utilize one side of the property and not through the center, as we cannot cultivate the area with plantations.”
“But Sebastiana and her sons, Simon and Marcos (who is a mundkar of some third landlord), continue to deny our legitimate right by not adhering to our request, especially as they had enough option to have their pathway from the border of the property. There is even another option of having another access through the property of their landlord.”
“This pathway is not marked in any plans, but was allowed in good faith for all these years with a hope that someday, Sebastiana and her family would understand the value of destroying other people’s properties. Finally, after obtaining necessary clearances from CRZ and a Panchayat NOC, we erected a barbed wire fence so that we can grow some plantations there.”
“However, we are still ready to provide a maximum of 1.5 sq mtr wide access from the side of our property,” Gabrial said.
When contacted, Agonda Sarpanch Navneeta Naik Gaonkar said, “the panchayat will take only legal course, as the case is also under the purview of Canacona Mamlatdar.”
The ongoing dispute between the two families had ended in clashes during the presence of Canacona MLA and Sports Minister Ramesh Tawadkar in November 2012, when he was at the site as part of his innovative ‘Thanta-mukt’ (Trouble-Free) project in the taluka. Tawadkar’s sporting gesture to resolve a dispute between two parties had ended in a brawl, forcing the minister to summon the police and have four Fernandes brothers, Lucas, Wellington, Edward and Lesington, later arrested on charges of assaulting their neighbour, Simon Fernandes, in Agonda.
