South Goa Comunidades raise voice against attempts by government to identify ‘defunct Comunidades’

MARGAO: The Comunidades in South Goa are up in arms due to attempts by revenue authorities in Salcete and Mormugao, to identify unutilised land tied to so-called “defunct Comunidades” in these areas, intended to create a repository for such properties.

Concerns have been raised by members of these Comunidade bodies in response to the proposed survey. They are vehemently seeking clarification regarding who has authorized the declaration of certain Comunidades as defunct and for whose benefit the land repository is being established by the authorities.

Presently, notices have been dispatched to a total of seven Comunidade bodies, encompassing five in Salcete and two in Mormugao.

Earlier, based on the directions from the South Goa District Collector to the Deputy Collectors, the concerned Joint Mamlatdars have formed comprising the concerned talathis, comunidade Escrivão and field officers while the Inspector of Survey and Land Records has been asked to provide assistance if required too.

This team has been tasked with identifying and submitting a comprehensive report on unoccupied land tied to the defunct Comunidades for the purpose of creating a property repository.

The Collector has also directed the Escrivao of the respective Comunidades to support the team in identifying vacant Comunidade land associated with the defunct Comunidades. Moreover, the Deputy Collector has been given a strict deadline for submitting detailed daily reports on the progress of this initiative.

However, this exercise has invited close scrutiny from the components of these Comunidades. Savio Correia, the Margao Comunidade President and Secretary of the South Goa Comunidade Forum, has raised a number of key questions regarding the Collector’s initiative.

“The Collector or the Administrator could have revived the so-called ‘defunct Comunidades’ by identifying willing gaunkars/shareholders and recommending their appointment to the Managing Committees. Instead, they have undertaken a mindless exercise, involving, among other things, the diversion of Comunidade staff for the survey work. The day-to-day work of the other Comunidades is severely affected, in addition to causing inconvenience to the members,” said Correia

“Secondly, identification of Comunidade land cannot be done without referring to the ‘tombaçao’ maps of the concerned Comunidade and superimposing them on new survey maps. Thirdly, the clerk of a Comunidade is not empowered to identify vacant lands of the Comunidades, he being only an employee. Fourthly, what precisely constitutes ‘vacant lands’ is not clear; does it include encroachments as well? These areas, if ignored, could create serious legal issues for the Comunidades to recoup these lands in future,” he added.

Correia has sought clarity on who declared the seven Comunidade bodies in Salcete and Mormugao as defunct, emphasizing the need for adherence to proper procedures before such declarations are made.

He also highlighted the lack of involvement of Comunidade bodies in the contentious process of identifying these so-called defunct bodies to create a repository of properties. Correia emphasized the importance of transparency, questioning the purpose of this property repository, who it serves, and who ultimately will control these properties. Consequently, he urged the authorities to involve the Comunidade bodies in these decisions before proceeding further with the exercise.

It may be recalled that John Phillip Pereira, a senior Comunidade activist and the Attorney of Nagoa Comunidade, had earlier written to the State Chief Secretary and South Goa District Collector regarding misleading and contradictory information on ‘Defunct’ Comunidades in South Goa and subsequent apprehensions about the government’s and some politician’s sinister designs to take over the vacant lands of these age-old bodies.

Pereira explained that the Code of Comunidades 1961 meticulously outlines the criteria for determining the classification of a Comunidade as “defunct” and the requisite steps for their revival.

Pereira stressed that that an escrivão (clerk) is an employee of the Comunidade and does not possess the authority or jurisdiction to furnish information regarding the Comunidade’s assets and that such information can only be provided by the Managing Committee, which is the legally responsible body for such matters.

He further pointed out that according to information provided by the Government itself in a Legislative Assembly Question (LAQ) reply in January 2021, there is no Comunidade within the South Zone that fulfils the criteria for being designated as “defunct”, whereas the same Administration office furnished information to the Government and Assembly, claiming that there exist 14 “defunct” Comunidades within the South Zone.