BY PRADNYA GAONKAR

Many Goans are questioning the age-old system of communidades as many have been guilty of fraudulently selling land.

COMMUNIDADES, the Portuguese version of Gaunkari, are ancient Indian socio-agro-economic institutions established by the original inhabitants thousands of years before the Portuguese rule. Though the origin of the communidades is unclear, available evidence indicates that these bodies existed even during the 13th and 14th centuries. The first settlers in Goa — the Gaonkars, who are believed to have arrived here during medieval times — cleared the land and settled down, establishing self-sufficient local bodies to manage village-level administration. The land was owned by the community as a whole, though there was private property. A communidade consists of definite boundaries of land from village to village with its topographic detail, its management and social, religious and cultural interaction. There are at present about 223 communidades functioning in Goa. These heritage institutions have now come under the public scanner due to the increasing cases of fraud and illegal allotment of land by communidade members coming to light. The recent case has been that of the Sirsaim communidade where one out of three former members of the communidade allegedly involved in illegal allotment of land and misappropriation of funds were arrested. Two of them are absconding. In a writ petition filed by Ratnakar Parab and others, they complained that the former managing committee illegally sold 306 plots belonging to the Communidade of Sirsaim.

The panel comprising of Agnelo D’Souza, Nashiket Parab and Pandurang Parab, who were elected for triennium 2001-04, continued in office till 2007. The petitioners alleged that during their tenure, several illegalities were committed including misappropriation of funds and allotment of plots to various applicants in violation of the Communidade Code. Reportedly, illegal allotment of 306 plots in 14 survey numbers had been carried out without the approval of the government, amounting to a huge financial fraud running into crores of rupees. As per the Code of Communidade, no Communidade can allot plots to any applicant without approval from the government. In some plots, houses have already been constructed whereas in other cases construction work is in progress. A police complaint was also filed by the Administrator of Communidades, North Zone at Mapusa Police Station against the Communidade members alleging that around 87 illegal allotments were done and investigation is in progress. The Division Bench issued a direction to the Director General of Police to take over the investigation where the former members were found guilty and warrants were issued for their arrest.

ONE AMONG MANY

“The Sirsaim communidade is just one case that has been highlighted because of the new committee that was elected who brought the illegalities of the opponent members to light. There are so many illegalities thriving in almost all the communidades in Goa as the administrators appointed by the government, who are supposed to the look into the audit reports and carry out random checks, dosn’t function at all,” laments Adv Andre Periera, Secretary of the Association of Componentes of Communidade, Goa. The Centre has appointed one administrator in each district to look into the affairs of the Communidade. The Law of Communidade was amended in 1997, according to which one representative is to be appointed by the Government. The Association finds it difficult to function with a part time administrator, which is probably the reason behind lack of control over the increasing illegalities.

The basic functions of every Communidade in every locality are those of welfare. Every gaonkar is the direct male descendant of the first founders of the institution of Gaonkari in the village. In other words, gaonkars are co-owners of the land and of all the assets of their respective Communidades being successors-in-interest in common, through their first ancestors. According to the Code of Communidade, lands of the Communidades cannot be alienated in favour of any person or authority, in any manner whatsoever. The land of the Communidade cannot be mortgaged or attached by any means to settle debts, loss or deficit of the Communidade, if any. All such debts, loss or deficit have to be borne by all the gaonkars of the respective Communidade proportionately, to meet any such cases. During earlier stages of its inception, communidades auctioned off parcels of land to cultivators whose payments helped finance the activities of the communidade.

As a local self-governing body, the communidade was responsible for providing a network of public roadways, aqueducts for storing rain water, drainage of marshy land, etc. They also maintained temples and financed religious, artistic and educational pursuits within their jurisdiction. Membership of the gaonkaris or the communidades was restricted to the descendants of the original gaonkars and shareholders (components). As per the Code of the Communidades formally codified by the Portuguese during the 16th century, the shareholders and the Gaonkars comprise the general body while the day-to-day management of the communidade is undertaken by a three-member elected managing committee. The working of the communidades is looked into by the administrators appointed by the government.

DUTIES

EVERY Gaonkar is duty bound to report all illegalities and irregularities noticed in the Communidade and has the authority to file suits or, by any legal means, recover any loss, damage or deficit suffered by the Communidade at the instance of any person (including managing committee members, attorneys, administrators etc.) or Government authorities and also seek cover in favour of the Communidade. The gaonkars protecting the interests of their Communidade are entitled to be lawfully reimbursed the cost incurred by them from the funds of the respective Communidade. Code of Communidade is a conventional law codified. In addition, every communidade has its own private law based on the particular nature of their locality. The Code of Communidades is declared public law vide DIPLOMA LEGISLATIVO No. 2070 dated April, 15, 1961 and recognises that absolute ownership of land lies with the respective Communidade, down to the centre of the earth. The original communidade is an institution of the gaonkars, by the Gaonkars, for the Gaonkars spread throughout the state covering all the citizens of the respective village. The Code of Communidades is a law of gaonkars, by gaonkars and for gaonkars. The Law of Communidades is not enacted by the State Legislature, but by the Gaonkars themselves. Neither the State Legislature nor Parliament is vested with powers or authority of the Constitution of India to make laws for gaonkars.

The state has no eminent domain over the lands of the Communidades to acquire or impose agrarian land reforms. Communidade lands so acquired by the wrongful exercise of authority of eminent domain by the state (both for state and central governments, government agencies or companies, corporations or housing boards etc) are liable for forfeiture and recovery. The acquisition of the land so far made is at the risk of the government or those parties who have obtained undue benefits. This has been experienced at a larger scale in recent times with increase in industrialisation and construction accompanied by corruption. More than 35 years after the Tenancy Act, 1964 began robbing Goa’s communidades (community farms) of their land, rapid industrialisation has threatened to transfer the last of the land into the hands of builders and industrialists.

It has been pointed out that the Industrial Development Corporation acquired land from Communidade at prices as low as Rs. Two per sq m and is later sold to industries for up to Rs.600 per sq m. Since the government doesn’t have any land of its own, the state prefers to acquire communidade land. Those in favour of the industrialisation find it easier to acquire land from communidades as it is relatively hassle-free with fewer opponents as against acquisition of land belonging to individuals. There are some who find it difficult to go hunting for the gaonkars who are hardly available and do not possess all the documents required. Individuals keep their documents ready with them making the acquisition process easier.

With the increasing demand for land, it is observed that gaonkars have been involved in land dealings with the construction lobby by transferring the amount to their own account without reporting to the communidade office. “There has been no audit report asked for by the administrator. The incompetency of the administrator of communidade has given a free hand to the managing committee members who are behaving like monsters grabbing land,” charges Periera. The Government Gazette indicates hundreds of acres of communidade land being acquired by the government every month.

BENEFICIARIES

TILL 1964, more than one-third of Goa’s 3,021 sq km area comprising paddies, orchards, pastures and wastelands was owned by 223 communidades spread across the state. The thousands of descendants of the original Gaunkars and shareholders, though scattered all over the world, continue to be the beneficiaries of the communidades. However, the code of communidades prohibits the Gaonkars and shareholders from dividing or alienating the common property in any way as a result of which the land in the possession of tenants is also classified as communidade land. The structure of the communidades was disturbed following the introduction of the Tenancy Act in 1964 under which even leaseholders with permits to pluck fruits for even a single season were given ownership rights overnight. After acquiring the ownership, the leaseholders sell the land to the construction lobby. According to the ACC, only 20-25 communidades still earn some income by way of interests. Others are paid a pittance when the communidade lands are acquired by the government. Incidentally, as per the compensation packages formulated by the government, the communidades are to be paid 40 paise per sq m while the occupant will receive Rs.29.40 per sq m.

Following their loss of land, many componentes have lost interest in the functioning of the communidades. Managing Committee members concentrate on the profits earned on their share of land. With most communidades on the verge of bankruptcy, feeble attempts are now being made to recover their lands Another discrepancy that has been highlighted with the laws of communidades is the unavailability of a corrected translated copy of the Law of Communidades, which is available in Portuguese, known to only a few people in the state. “There is an unauthentic version in circulation, which does not give the true meaning of the original law,” claims Periera.

What is more important here is the fact that the functioning of the communidade has not been made public. Public participation, which is an important part of the communidade, has been ignored which has led to increased discrepancies. “No one is demanding openness. Political interference is blatant as they more concentrating in increasing the vote banks and encroaching on Communidade land. People are supposed to participate, which is hardly seen. Rather than being stupid, our fellows prefer to be ignorant,” aggrieves Periera.