Herald: The amendments to the Tenancy Act have ignited a debate in the State. What is your view on this?
Khalap: On the face of it, it may appear that the government has only replaced one forum of adjudication of disputes by another – in this case the Mamlatdar’s Court by the Civil Court. But their implications are certainly not in favour of successful implementation of Land Reform Laws in Goa. The new amendments have two more sinister provisions – (i) The “Sunset Clause” and (ii) contract farming. The latest provisions overturn the applecart. The onus now shifts from the Government to the Judiciary.
Herald: Can you explain further?
Khalap: The amendment now penalizes the tenants by forcing them to file suits in Civil Courts within 3 years (Sunset Clause). Those tenant-owners who do not go to court before the deadline stand to lose their tenancy and therefore ownership rights in the absence of any provision to the contrary in the amended law protecting such tenant-owners from dispossession. For all purposes such tenants will be treated as trespassers and will have no protection against eviction. Is this not a mockery of the concepts of security of tenure and land to the tillers?
Herald: What about the provision of contract farming? Will this too create problems?
Khalap: The provision of “contract farming” provides a handy tool to real estate hawks, as well as unscrupulous tenants and their erstwhile owners. A simple agreement/contract for farming duly registered before the Sub-Registrar effectively takes away the umbrella of protection of tenure. After the end of the contractual period the land owner will be free to dispose of the land in whatever manner he pleases. The Regional Plan awaiting finalization can easily be exploited to paint the plans red/yellow in anticipation of contractual farming. Enough havoc has already been played with Goa’s eco-cover. The new provision of the Tenancy Act will unleash a second wave of conversion of our pristine agricultural land.
All this has been done not without a suspicious motive. It certainly is not “manohar” rather it is unpleasant and obnoxious. It will ruin the green cover.
