Team Herald
PONDA: The Assembly on Wednesday passed the Goa Agricultural Tenancy (Amendment) Bill, 2017, which provides for transfer of tenancy cases back to the mamlatdars from the Civil Court.
However, thousands of tenants who were hoping to see the Act get implemented, were an aggrieved lot. The only silver lining was that the cases got reverted back to the mamlatdars.
They felt that the Government must do justice and implement the Act instead of doing cosmetic changes. They alleged that many landlords, builders are now politicians. They felt that amendments will not provide justice but the implementation of the Act would have rendered justice.
“The Act, it seems, has been ‘scrapped’ due to lack of implementation. Dragging the issue for more than 50 years has worsened its prospects,” said the Kul Mundakar Avaj (Tenant Mundakar Association) President Ramkrishna Zalmi.
Addressing the media along with its legal advisor, Adv. Satyawan Zalmi and several farmers from Ponda Taluka have demanded that the government should take a decision to conduct survey of Tenants in Goa to implement the rules of Agricultural Tenancy and Mundakar Act 1964.
Only a decision to implement the Act and to conduct a survey according to its rule will help the farmers to get the land they are tilling. Without survey, farmers or tenants will get nothing from the Act, most of them felt.
Simply handing over the cases to the Mamlatdars has failed to rejoice the Tenant Mundkar association. They were hoping to see the implementation of the Original Act, 1964, and the later amendments to it in 1967 and1976. Legal Advisor of Association Adv. Satyawan Palkar said, “Even after 50 years, the Act 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 they are appointed more in numbers.” “We strongly demand survey of tenants for implementation of 1967 Agricultural tenancy Act so that the tiller gets right to their land.”
He also questioned the fate of 250 cases lost in the civil court at Pernem, Ponda, Bardez and other talukas because of transfer of cases in 2014 amendment to Act.
They wanted status quo to be maintained for cases lost in civil court after amendment in 2014 and appellate authority should be retain with Mamlatdars and the Collector.
Further, according to the association, not 4000 tenant cases as was claimed by government, but there are at least 40,000 tenants in Goa who would get justice if the survey was conducted. Without survey, no tenant will get justice.
The Act was mooted to give justice to thousands of tenants who were tilling the land but were had no documents.
The landlords used to exploit the poor tenants or farmers and deprive them of the farm produce. The Act was beneficiary for tenants to provide right to land they were cultivating but remained on paper. The Mamlatdar Court doesn’t require evidence and hence after survey only mamlatdars can dispose of cases. If this cases have its appellate Authority like Civil Court or District Court then tenants would never get justice because this court requires evidence and documents which tenants don’t have.
Ramkrishna Zalmi said reverting cases to Mamlatdars were not the victory of Tenants but only for Vijai Sardesai. He appealed to the tenants and farmers in Goa not to be carried away by promises of political leaders who came to power. Chanakya and Birbals are running government and people should remain alert and not get fooled by them. He said many builder lobbies are now affecting interests of tenants.
