Aldona Congress MLA Adv Carlos Alvares Ferreia on Tuesday accused the Revenue department of facilitating grab of comunidade lands through improper proceedings before various revenue courts in which the comunidades and genuine people are being kept in the dark.
Speaking during the discussion on the demands for grants for the Revenue Department, Adv Carlos raised a host of threats that he said the comunidades were facing.
“Comunidades are age-old institutions having agricultural holdings. Unfortunately we have wolves in sheep’s clothing who want to grab land from the comunidades. First kind of people are in house thieves and there are external thieves. The in house thieves are members of the managing committee, who have power as members are grabbing the lands even filing cases, going before the courts, transferring the properties in their own names or in the names of their families. This is a dishonest means of trying to grab the lands. When they grab the lands the components are deprived of the land and the revenue,” Adv Ferreira said.
“I urge the government to bring in an amendment to debar such people, not only during the pendency of the litigation but also after having been found guilty, from holding office in any post in the comunidade,” he said.
“As far as external thieves are concerned, these are committee members who connive with these people by not appearing in courts or meekly surrendering when claims are made. The government should take action to review all these cases which are disposed of – Whether the comunidade had put up a proper defence and whether it is justified to accept the decision or not,” he also said.
“There are other types of people who are coming up now, over the last two to three years claiming their grandfather had a grant of the comunidade and that land was sold to somebody else in 1950 or 1951. Most fraudulent sale deeds which cannot be found in the archives. So there are some old papers which may be available with someone. They are trying to recreate these deeds. When you ask the archives, they say such deed is not registered, cannot be found,” he said.
“Often with the connivance of the members of the managing committee that is the attorney who is responsible. I don’t say all are dishonest. There are people who fight, people who stand up and people who want to protect to comunidades. They have no say, they are kept in the dark and suddenly they realise one day the land is gone,” he said.
“These are all methods which a syndicate, with certain politicians are involved in grabbing the land, directly or indirectly and that is why we need to take more care of these lands of the comunidades,” he said.
“Mutation case being done by revenue officials – when it involves comunidade lands I urge the government to issue strict directions that notice should go to the concerned administrator of comunidades and also to the comunidade. If there is no appearance by either of them, I would urge the government to issue a direction that a fresh notice should be given to them and to ensure their presence,” he said.
“Because default in appearance allows the case to go ex-parte and often these cases of fraud have taken place when there is no proper notice to the comunidade. There is no proper service of notice,” he added.
“I have heard that in one case one mamlatdar is being chargesheeted. He is one amongst the many. What about the others? When they have also done. Some may have done unwillingly, unknowingly without any malice without intention we don’t know. Some may be masters in the art of this game and I think that if they are in line to ensure due protection of these comunidades or even of private persons properties then I think we can go a long way to stop these fraudulent land sales and land grabbing,” he also said.
Speaking of certain music festivals held on comunidade land Adv Carlos said “the comunidades should be taken in confidence and the government should have a supervisory power over this.”
“Otherwise it becomes like wheeling dealing and someone or the other manages to get an NOC at a virtually throw away price. at a cost and loss is of the comunidade and somebody else makes a complete run for the money,” he added.
“When there are these documents which relate to old documents, some training should be given to mamlatdars to learn at least some basics of Portuguese language. Most documents are being given in Portuguese with English translations. Let me say, since I know Portuguese, I never believe in the translations which are turned in such a manner to give an impression that it is an authentic translation, which sometimes is not correct,” he said.
“If they can see by themselves, I’m not saying do research in Portuguese, but if they can do some fundamentals in Portuguese, if they learn how to look at a document, I think they can uncover and unravel most of the frauds that take place under their signature and this will protect them from being dragged into litigation,” he also said.