With documents produced by hardworking lawyer for the tenants of Tiracol Adv Benny Nazareth proving that Tiracol is an agricultural tenanted land, the tenants of Tiracol have breathed a sigh of relief and are satisfied that their struggle has paid dividends.
The St Anthony Tenants and the Mundkar Association have reason to feel that their long battle with Leading Hotels, the project proponents of the Tiracol Golf Course and villas project the land is leading to a positive closure, with documents stating that the land of the village has indeed been agricultural land from Circa 1813 onwards.
A piquant situation had hitherto existed when the tenants themselves were not aware of these documents till Advocate Benny Nazareth, who is representing Tenants of Tiracol, produced the documents in court. These documents state that the Tiracol land is owned by the state and landlord Kashinath Khalap was paying 828 Xerafins to the state government. With this surprise revelation the case has now taken a new turn.
Adv Benny Nazareth produced the documents related to the history of the legal status of Tiracol land from year 1813 which is basically a property registration document between the landlord and the state government which says that the land is owned by the state and the landlord has to pay an annual amount of 828 Xerafins.
Sources said this document also states that the Tiracol land is an agricultural land comprising paddy fields, coconut groves and hills with cashew, mango and other plantations. But even after being an agricultural tenanted land, the Leading Hotels and the landlord are trying to prove that the land is a non cultivated area
Both got the tenants to sign a document which states that it’s a erroneous entry and their ancestors had never cultivated the land.
Sources said that landlord Kashinath Khalap had tried all his best not to reveal the documents related to the history of Tiracol in any court proceedings and reportedly made a false sale deed without obtaining relevant permissions from concerned authorities. This is the same sale deed on basis of which the Leading Hotels managed to get NOCs from concerned departments for the project. But according to the document produced, Khalap’s ancestors were particularly not entitled “to sell, transfer, gift, sublet or any other manner alienate the property without the permission of the state”.
Francis Rodriguez, President of SATMA, said, “We say that the sale deed stands null and void and accordingly the permission received for the project gets revoked by default. We also feel happy that now the land will not fall in the hands of Leading Hotels and the Rs 500 crore Golf Course project won’t be coming up here.”
Rodriguez further said this document produced in the court which is proving that the land is agricultural land since 1813 was a surprise for the tenants. We are happy that these documents came out during the inquiry being conducted by the Deputy Collector Dharbandora, which will now turn the case in its head. We have already assumed that the land is no more going to Leading Hotels and we are very happy about this development,” he added.
Along with this exposure of facts, it has also been revealed that the land may be owned by the government. This is the tenants’ next biggest fear.
The tenants said all this while the government was unaware about the Tiracol land owned by State which now can be our biggest fear. With this revelation of facts, the tenants are confused whether this land is a private property or completely government-owned. Because if it a private property than tenants can establish their tenancy rights but if owned by State then the tenants might not be able to establish their tenancy rights over it, said a tenant.
Tenants also said that even if they make use of the land with due permission from the State, the fear that it may be taken away from at any point of time will always remain. There are also chances, some tenants said, that the State may give out the land for any other project. However, if this happens then the tenants said they will claim for ownership rights because they are the original owners of the land even before the government could be formed.
Sources said that in year 1982 the Tiracol land was acquired by government for tourism for which the government had paid the tenants as well as to the landlord for this land.
