Scrap amendments, use original Act: Mundkars

Government’s two amendments to the original 1964 Agricultural and Tenancy Act have invited dissent among mundkars who are now demanding scrapping of the 2014 and 2017 changes and using the original Act introduced by the first chief minister of Goa.

Establishing primary schools all over Goa and providing rights to tiller of the land were some of the major decisions taken by Chief Minister Bahusaheb Bandodkar for the welfare of Goans.

Several decades have elapsed after the Agricultural Tenancy and Mundkar Act but thousands of tenants are still struggling to get the deemed right to the land they acquired through the Act due to pending cases in the Mamlatdar Courts.

The Mamlatdars are being blamed over the years for failing to decide the cases. The tenants often blame that Mamlatdars are delaying the cases at the instance of powerful landlords whose political influence is higher than them (tenants). With strong criticism over the delay in tenancy cases by the Mamlatdar courts, the Government introduced an amendment to the Act in 2014 by handing over the cases from Mamlatdar to Civil Court and also introduced a sunset clause claiming that it would help to speedy disposal of cases.

However, it appeared that government’s intention was not successful. On the contrary tenants found themselves in trouble as they started losing their cases in the Civil Court which they never witnessed when the cases were in Mamlatdar Court even though they were pending for several decades since introduction of the Bill in 1964. This irked the tenants who led an agitation against the government after realising that they were losing cases in the Civil Court. Sources say the agitation and resentment by the tenants also cost the ruling BJP–MGP alliance government in the 2017 election by losing majority of their seats in assembly polls with some top leaders in government suffering heavy defeats.

Following this the Chief Minister Manohar Parrikar-led alliance government introduced another amendment in 2017 to hand over back the cases to Mamlatdars from the Civil Court with government claiming that it would give justice to tenants. The Government appointed more mamlatdars and also asked them to work on Saturday and Sunday for speedy disposal of the cases.

However, the Goychya Kul Mundkarancho Awaj and many other associations are blaming the government for bringing an amendment in 2014 that deprived 250 tenants the right to the land when they lost their cases in Civil Court because they could not provide documentary proof and evidence which was a must in the Court. This was contrary to the Mamlatdar Court where the tenants never lost the cases even though they were pending for a long time and the documentary proof was not required.

The Tenant Mundkar Association is also not happy with government as “simply handing over cases back to Mamlatdar without any decision to implement to original Act 1964 and later amendment to it in 1967 and 1976 is not beneficial to them.”

Legal Advisor of Association Adv. Satyawan Palkar said fifty years have passed the beneficial act made for farmers is still kept pending because survey which is mandatory as per old act is not done till today. How will Mamlatdars decide cases even if more are appointed? “We strongly demand that the government conduct survey of tenants for implementation of 1967 Agricultural tenancy Act so that tiller will get right to their land.”

He also questioned about those 250 cases lost in Civil Court at Pernem, Ponda, Bardez and other talukas because of transfer of cases in 2014 amendment to Act. He demanded that status quo be maintained for cases lost in civil court after amendment in 2014 and appellate authority be retained with Mamlatdar and Collector.

According to the association there are not only 4000 tenant cases as claimed by government but there are at least 40,000 tenants in Goa who will get justice if the survey is conducted.

Adv. Satywan Palkar, legal Advisor of Association, further said “if a survey of the tenant is not conducted before implementing any provision of tenancy Act, 99 per cent of cases of tenants will be lost. If the Act was implemented after amendment in 1967, all tenants would had become owners of land in 1980 but sadly government are not looking after the interest of farmers.”