With Goa Governor Dr Mridula Sinha giving her assent to the amendment to the Goa Agricultural Tenancy Act 1964 this week, the Revenue Department is on its toes to ensure over 2,000 cases pending in the civil courts are not only reverted to Mamlatdars expeditiously but also disposed of much before the set deadline.
Sources close to the government revealed that the officers concerned are already on the job speeding up the work that also includes identifying talukas where more than one Mamlatdar is required to handle bulk cases.
“The North and South Collectors are asked to submit a concrete plan to implement the system and identify talukas that require additional Mamlatdars to handle the cases. Prima facie, Bardez and Salcete have huge number of cases,” a source confirmed speaking to Herald.
As it aims at disposing of the cases within one and half year as against the set deadline of three years, the department – in a separate exercise – is approaching the civil courts to expedite transfer of cases.
“The joint secretary (Revenue Department) is speaking to the civil courts to expedite transferring of cases back to Mamlatdars. We are also identifying Mamlatdars in every court who will exclusively look after these cases. The Mamlatdars will also have to conduct sittings on Saturdays to ease the load of disposing of Tenancy, Mundkarial and Mutations cases,” the officer adding, “We have moved very fast than other departments.”
Herald contacted Revenue Minister Rohan Khaunte, who stated that additional Mamlatdars would be recruited through Goa Public Service Commission (GPSC). “The addition of these Mamlatdars to the existing strength will also benefit in speeding up the cases. We are also proposing to have (civil) courts on Saturdays wherever possible to expedite disposal of Tenancy, Mundkarial and Mutation cases,” he said.
The tracking of these cases would be possible through a technology with Khaunte explaining, “The Bill has a provision where Tenancy cases need to be disposed of within three weeks after the date of transfer from the courts to the Mamlatdars. We would like to have a case monitoring system in place using technology wherein cases can be monitored in the department so that justice is given to the people in time.”
While the work has begun in full swing, the crucial question is difficulties the government will endure in the implementation of the amended Tenancy Act considering various factors including infrastructure, etc. However, the minister does not feel so. “The government is not expecting any difficulties in the implementation and the offices of Mamlatdars, Collectors are equipped with sufficient staff to deal with these cases. Looking at the number of pendency in each taluka, number of officers has already been increased,” he said reiterating that there is ‘an idea of having court hearing on Saturday wherever possible to expedite the disposal of tenancy cases.’
Over 2,000 cases that include appeals and revisions will be transferred back from civil courts to Mamlatdars, Collectors, Deputy Collectors and Administrative Tribunals. This leads to another question about the fate of those cases which are pending hearings in the courts. Will the hearing continue from the pendency stage or will it begin afresh, are the clarifications sought by many. Khaunte said as the case may be, it will be heard from the stage at which it was pending in the civil courts. “For example, tenancy declaration application pending in Civil Judge Senior Division will be transferred to the Court of Mamlatdar, while the appeals against the order of Mamlatdar which are pending in District Court will be transferred to the Court of Collector and the Revisions will be transferred to Administrative Tribunal and Collector,” he explained.
“The cases disposed by Civil Court or District Court will not come back to Mamlatdar. The order passed by Civil Court will have to be challenged before the District Court,” he clarified to another question about those applicants who want to either challenge or seek review of the disposed of or dismissed cases.
After panic and disappointment among tenants for over three years, the Manohar Parrikar-led government decided to further amend the controversial Act, which was subsequently tabled in the monsoon session of the Legislative Assembly this year and passed. The matter was kept on priority in the Common Minimum Programme (CMP) to ensure the problems are addressed without affecting the community even as the Revenue Minister also submitted a proposal for amendment in May.
However, there are still some apprehensions but Minister Khaunte said there is no opposition to the amendment. “There were three amendments in the Act by the last government, of which two clauses were withdrawn after our objection (while in the Opposition). The third clause to transfer the cases back to Mamlatdars from the Civil Courts was the demand of the people which was pending. The same was a part of the assurance of this government under Chief Minister Manohar Parrikar” he said.
Meanwhile, sources said that if there are any objections made by the Tenants, the government has not received any representation. “Government has taken a proactive step but unfortunately there are cross sections of the people who instead of appreciating the decision, are going on the streets,” the official source said.
