Team Herald
PANJIM: The State Cabinet on Monday approved amendment to the Code of Comunidades restraining change of zone other than for what it is allotted for.
Addressing a press conference at the Mantralaya, Porvorim, Chief Minister Pramod Sawant said, “We will bring an amendment to the Code of Comunidade through Ordinance. After the amendment, permission for change of land use will not be given to anyone. The land will be used for the purpose it has been given for. For example, if it has been given for construction of a house then it will be for that purpose only and if the land is for educational institution then it will remain for education only. The land cannot be used for other purposes.”
According to a statement from the government, under the existing provisions, Comunidade land can be allocated through various means such as sale, lease, emphyteusis, or leave and licence. However, there have been instances where the land has been used for purposes other than those originally intended, leading to concerns over the preservation of these lands.
To address this issue, a new Article 31-A is being introduced through the proposed amendment. This provision will empower the Administrator of Comunidades to investigate cases where land granted for a specific use has been used for other purposes than originally granted after the passing of this Amendment. Upon detecting unauthorized use, the Administrator will issue a show cause notice to the grantee or individual in possession of the land, allowing them to explain their position. Based on the findings of the inquiry, and after considering all submissions, the Administrator will have the authority to order the reversion of the land back to the Comunidade with the approval of the government.
To prevent further misuse during the inquiry process, the Administrator of Comunidades will have the authority to issue an order restraining the use of the land for any purpose other than the one it was granted for. Additionally, once such a restraining order is passed, no authority, including the Town and Country Planning Department, Planning and Development Authority (PDA), Municipal Council, Village Panchayat or Corporation of the City of Panaji (CCP) will be permitted to issue any permissions, clearances, approvals, or No Objection Certificates (NOCs) for the land in question.
Meanwhile, reacting to the development, Director of Goa Foundation, Claude Alvares, said, “This has been done in view of the popular rebellion against the misuse of land by Zuari company which was given for industrial purpose and being misused for real-estate purpose by the company. I think that seems to be the target of the Ordinance.”
Architect Tulio D’Souza said, “This move by the government is a belated attempt to stop the flagrant misuse of agricultural land belonging to the Comunidade. While we welcome this move, it remains to be seen whether enforcement of the same will be done in the letter and spirit of the law. We also expect the government to widen the scope of the Ordinance to include reversal of all the illegal structures which have come up on agricultural lands belonging to the Comunidade. The government should lead by example and stop the acquisition of agricultural Comunidade land which are planned and used for all purposes other than agriculture. The most recent example is to have a private university on two lakh square meters of land belonging to the Comunidade at Tivim.”
Fr Visitacao Monteiro from St Estevam said, “What is approved by the cabinet is useless. Everything is clear in the Code of Comunidades. Once land is given for one purpose it cannot be used for any other purpose.”
Comunidade of Sancoale president Pratap Mardolkar said, “It is a good decision. If it happens then the issue of Zuari Agro will be resolved. The land was given at a throwaway price for industrial purposes. If Zuari does not require it then it can be given to some other industries which will generate employment.”
South Goa Comunidades Forum secretary Savio Correra said, “The amendment approved by cabinet is landmark. With this, the agriculture property will remain agriculture only. But the law has to be with retrospective effect. Also there should be a time-frame for Administrator of Comunidades to dispose cases of change of land.”
Anil Kenkre from Nerul said, “The amendment is good. The agricultural land will be used for agriculture purposes only. Nobody will now be permitted to use the land for some other purpose.”