The inhabitants of Davorlim have consistently objected to the use of the land in their village for any purpose other than for their benefit and have even approached the Goa bench of the Bombay High Court challenging the government’s acquisition of the land.
The process for acquiring the land belonging to Davorlim Comunidade under Survey No 16/1 for an educational hub commenced on November 27, 2009 with notification under Section 4 of the Land Acquisition Act being published followed by another notification under Section 6 published on June 15, 2010.
That was when the Davorlim Comunidade through its then Attorney Sylvester Niasso along with 23 other villagers including the then deputy Sarpanch moved the Goa Bench of Bombay High Court challenging the land acquisition process.
“Some villagers had filed the petition because the land was already allotted to them and they wanted to protect their land,” disclosed Sylvester.
The government initially proposed to acquire 1,20,000 sq mts for the purpose of development of a “multipurpose utility project” to which the people had objected to on grounds that the land acquisition was not in public interest and was not meant for their benefit.The villagers argued that historical and artistic monuments will be destroyed and further alleged that the land was being acquired to be handed over to some private individuals for the purpose of development.
The then Under Secretary (Revenue) Pandarinath Naik in his affidavit in reply to the petition stated that various organisations had approached the government for setting up institutes to impart educational, vocational, technical training and also for social and cultural activities. The villagers responded by arguing that the representations made by some trusts did not justify the acquisition of such large tracts of land and also pointed out that one of the organizations which made the representation was not even registered.
High Court Judges S C Dharmadhikari and F M Reis while dismissing the petition opined that the multipurpose utility project was in public interest and observed that Pandarinath’s affidavits indicate that the land would not be handed over to some builders or private parties and said they were satisfied that the land would not be transferred to any private developer or builder. In fact the judges in their order did mention, “We are sure that the State will bear in mind the sentiments and wishes of the villagers and not permit any activities contrary to those avowed object.”
Although at the gram sabha held on March 20, 2011 it was resolved to challenge the High Court order before the Supreme Court, no appeal was filed and the government acquired 1,15,200 sq mts which is now transferred to the Education Department where the educational hub is now sought to be established. The land already allotted to people by the comunidade was not acquired. “We received a payment of Rs 1,43,18,778 as compensation after deduction of taxes which we received under protest and are willing to return to the government if they return the land to us,” said Leon Raikar Attorney of Davorlim Comunidade.
Interestingly, Rs 3,77,685 compensation was awarded to the owners of the two laterite stone structures existing in the land acquired. However, till date nobody has claimed ownership of those structures one of which is believed to be the Cross and hence that amount is lying in the government treasury.
The Davorlim Dicarpale panchayat records show that way back on February 16, 1983 at a gram sabha the then sarpanch Manuel Miranda had moved a motion demanding that the land be reserved as green belt and given to the local villagers as they needed pasture land.Subsequently, at another gram sabha held on March 20, 1994 the villagers resolved that the Comunidade reserve the land and give it to the local agricultural tenants.
Currently, Form I and XIV show that the Collector owns 1,15,200 sq mts of the land while Delia Rebelo e Camara along with Alen Acacio Camara and Ana Dias e Camara own 2,500 sq mts and the three Camaras along with Sunni Al Madina Masjid Wa Madrasa and one Akhtar Gazi own 3,100 sq mts and the Comunidade owns 6125 sq mts.
