LIE OF THE LAND AT DABOLIM

De-notified land belongs to us, says Sancoale comunidade
AAI had paid Goa govt Rs 4.25 crore for de-notified land
GLENN COSTA
glenn@herald-goa.com
PANJIM: Even as Goa awaits answers as to where the ‘”alternative land” supposedly available with the government, for Dabolim Airport parking expansion ~ which was also the basis on which the Digambar Kamat government de-notified about 36,800 sq. mtrs of land originally earmarked for parking ~ has vanished, there is another twist in the tale ~ the Sancoale Comunidade under whose jurisdiction the de-notified land falls, has claimed that the de-notified land belongs to it.
The Comunidade has over the past month issued numerous notices to Bernard Costa & family, and others who were given the land back by the government under the de-notification, on their request for “family use”, stating that the de-notified land (Survey No. 8/1) actually belonged to it.
The Comunidade asserted that it had not transferred or sold it to any party and its office-bearers told Herald that they are in the process of approaching the courts to file a suit for the recovery of the land from all those whom they have leased it to. Costa, however, claims that the land is in his possession.
“We have not sold the property nor transferred it,” Comunidade treasurer Narayan Naik told Herald, adding that “notices have been sent to all who have taken the land and are involved in the matter. We are awaiting replies.” However, Costa was not available for a comment despite repeated attempts to solicit his opinion.
But that’s not where the twists and turns in the sordid drama end. Because, further complicating the matter, the AAI ~ the minutes of the meeting chaired by the then chief minister Digambar Kamat on the de-notification of land and parking at Dabolim Airport meeting held on 2 November 2011 show, the AAI saying that it had paid Goa government Rs 4.25 crore for that specific parcel of land that was de-notified for parking expansion at the airport, and that except for survey no 8/1 and 9/1 no other suitable land is available in the vicinity.
According to the minutes, which the Herald has access to, the Airport Authority of India had clearly stated that the land area in Survey No. 8/1 and 9/1 is necessary in public interest and is “the only contiguously available area for expansion of the airport facilities and an exercise was jointly carried out by the AAI, PWD, Survey department in and around the airport and it was ascertained that other vacant area is either affected by right of way or National Highway/railway or is the property of the Ministry of Defence.”
The minutes further state, “The present land acquisition is being done specifically as per the commitment given by the government of Goa to the civil aviation ministry in May 2006 for which the AAI has already deposited Rs 4.25 crore… The airport director requested for continuation of the land acquisition proceedings and early hand over of the land, citing that the airport expansion project would be adversely affected otherwise.” And further, “The present land acquisition has already reached section 7 stage and any deviation/deletion will entail a further delay. In any case except for Survey No. 8/1 and 9/1 no other suitable land is available in the vicinity.”
Crucially, the minutes add, “It was pointed out by the Minister (Revenue) and deputy speaker that there is a vacant space of land around 70,000 sq. mtrs available opposite the airport, meant for parking and they advised to acquire the same.”
The comunidade of Sancoale has categorically said that it has not sold nor transferred the controversial 36,800 sq. mtrs of land under Survey No. 8/1 and issued notices to those involved, officials said. The parcel of land had been acquired by the government from one Bernard Costa for parking; later de-notified it after accepting his argument that it was family land and was in settlement zone.
According to comunidade documents, this land along with others belongs to lote no 69, officials say.
There is no procedure in the code of the comunidades for sale of land but only for a lease, comunidade experts said. However, once a house is built on the land and after paying the 20 installments to the comunidade, a transfer can be affected. However, commercial activity like construction is not defined in the code.
The reason why the land is not acquired is simple ~ the Navy has obtained a stay from the Administrative Tribunal on the Additional Collector’s order which stated that the properties in question belong to the comunidade. With this the “much bigger, closer, land meant for parking” has disappeared. So there is no land acquisition process currently underway.
How did the Navy land or even disputed land come to be claimed as “available” is a question which the people of the State need answers to.
The Airports Authority of India has in the past written to the government saying that the infrastructure urgently needs to be improved and there is no alternative land available other than that in Survey Nos. 8/1 and 9/1 of Dabolim village. They had also asked for the re-notification of the de-notified land.