The government’s decision to get back the tenancy cases hearings to Mamlatdar courts have caused heartburn among the Comunidades of Salcete who feel this would be a retrograde step. They have also alleged that that all this while, the entire system has been trying to finish off the Comunidades.
The President of Comunidades Forum Joao Philip Pereira has alleged that the oldest system of land holdings has become a political playground where in the Comunidade is the biggest loser.
In Goa 80% land belongs to the comunidades and the remaining is private, etc. Joao Philip Pereira said, “In cases of private lands and tenancy cases, the tenants know that they may be delcared tenants at the Mamlatdar courts but don’t stand in the Higher Courts. But as far as Comunidade is concerned we get cheated and looted all the time,” said Pereira.
Joao also said the Agricultural Tenancy Act has destroyed the cultivated land and the system of Commune farming.
The Margao Comunidade President Savio Correia told Herald that he was puzzled by the move of the Government to get the cases back to Mamlatdars from a independent Judicial Authority. “Is it that the the quality of the judgment of the Civil Court inferior compared to what the Mamlatdars delivered?
Claiming that the judgments were going in favour of the Comunidade and changing the system is like changing the referee during an ongoing match” said Savio.
Savio said even if the Government promises special mamlatdars for these cases, they will never be able to take them with full force.
“If the proposition of Goenkarponn is the trigger for the change in the “justice system” for Agricultural Tenancy cases then it makes us wonder who we are? What is Comunidade? Comunidade is older then the Portuguese and are the most ethnic Goans. In fact, a big chunk of comunidade land has been usurped by non-Goans and migrants,” Savio mentioned.
“Goa was booming in agriculture in 1964-65 but the moment land to the tiller came in 1976, the cultivated land has drastically reduced and has had contrary impacts on the cultivated land” said Savio.
Savio also said that Section 26 of the land code has to be enforced and the land which has been left fallow or changed into concrete structures can be reverted back to comunidade or the relevant agencies and restore it back to its original form.
The Attorney of the Margao Comunidade Celestin Noronha supported the statement of the President and said that there have been mamlatdars who declared several people as tenants of lands which they never tilled. “There has to be control and the Sunset Clause has to be there. If this continues, the comunidades will be finished and doomed” said Celestin.
Article 37 of Agricultural Tenancy Act clearly says that if the land is not cultivated for 3 consecutive years then it has to be reverted back to the Government. Ninety per cent land has been converted into buildings and other non- agro projects. The Comunidades had breathed a sigh of relief after the cases were sent to the Courts instead of the Mamlatdars, but now see the land of Comunidades draining if the cases return to the Mamlatdars.
The President of the South Goa Comunidades Forum and attorney of the Cortalim and Nagoa Comunidade Joao Philip Pereira has alleged that it is the Government which is responsible for finishing off the Gaonkari and comunidade system unique to Goa. Joao said, “The move of having separate Mamlatdars and exclusive Mamlatdar courts will only succeed if they are given exclusive charge and not additional duties,” he said.
“The Mamlatdars are some times politically influenced. In this scenario, we don’t have much say. The Comunidades have always been on the losing side due to all these factors,” added Joao Philip.
The Attorney of two comunidades and share holder in several others, Joao Philip said, “The Agricultural Tenancy Act has had contrary and adverse impacts on the area of land under cultivation. Even after having sections in law to conserve the lands transferred to the tenants, no follow up has been done,” Joao said.
The Attorney has also clarified that the cases at Mamlatdar courts again won’t help the cause of the preservation of the Gaonkari system and comunidade as the Mamlatdars will naturally side with the Government which Joao Philip alleged is trying to capture and make illegal constructions legal for political gains.
Government has no land and is acquiring the age-old Gaonkari/Comunidade land for “projects”. “I have hoardes of examples of land belonging to comunidade being acquired with urgency decades ago, but still not used for anything. That is a clear sign that they have no land and are now acquiring plots of the comunidade” alleged Joao.
The Margao and Verna Comunidade has already been on record that they are against shifting of cases to the Mamlatdar courts.
Margao Comunidade attorney said the Comunidades have got caught up in vote bank politics and there is lot of interference in case-related matters.
He also said the Government has to wake up to this problem of the Comunidade losing its land as the conversion of agricultural land to concrete jungles in over 90% cases.
“In a recent case a person was declared tenant which was challenged by us and the earlier declaration was quashed. But this case has been going on at the Mamlatdar Court since 1981 and the comunidade has spent its own money to protect its own land for the last decades. This is one of the hundreds of cases in which the comunidades have got bankrupt to fight them out,” said Attorney of Comunidades Celestin Noronha.
