Saturday, April 12, 2008

1969 Sale Deed of Syngenta land in Dulapi, Goa

This is a copy of sale deed of land between the Indian Government and the Ciba of India Limited selling prcious adivasi land to the Swiss multinational company that is today - after series of mergers since early 1970s - have come to be known as Syngenta. The Swiss multinational is seeking to expand their Goa poduction but facing stiff resistence. At a recently concluded mandatory Public Hearing it faced number of uncomfortable questions. On April 10 2008 Dulapi villagers forced the local authority - Corlim Panchayat to stop work on Syngenta's TMX3 Plant that was going on even before it can get the necessary clearances from the Central government.

This particular document highlights collusion of State and Multinational company in getting land for itself at the rate of 25 paise per square meter on 24th January 1969 measuring around 7,53,840 square meters of land.



THIS INDENTURE made this 24th day of January One thousand nine hundred and sixtynine BETWEEN THE PRESIDENT OF INDIA hereinafter referred to as “the Vendor” (which term shall where the context so admits include his successors-in-office and assigns) of the One part And CIBA OF INDIA LIMITED a Company registered under the Indian Companies Act 1913 and having its registered office at 14, Jamshedji Tata Road, Churchgate, Bombai 1, (hereinafter called “the Purchaser” (which term shall where the context so admits include its successors-in-interest) of the Other Part
WHEREAS the purchaser being desirous of setting up an industrial project and to develop it further into an industrial complex or activities on all That piece or parcel of land or ground situated in the Villages of Corlim and Gaudaulim more particularly described in Schedule hereunder written (hereafter referred to as “the said land”) intimated the said desire to the Vendor and negotiated for the purchase thereof AND
WHEREAS the Vendor had offered to sell to the purchaser the said land at or for the price of Rs.0.25 P. (Twentyfive paise) per Square Meter which offer was accepted by the purchaser AND WHEREAS on actual measurement the said land is found to admeasure 7,53,840 Square Meters (Seven lakhs fifty three thousand eight hundred and forty Square meters) and the price thereof at the aforesaid rate of Rs.0.25 P. (twentyfive paise) per Squre Meter amounts to Rs. 1,88,460/- (Rupees One Lakh eighty eight thousand and four hundred and sixty only) AND WHEREAS the Purchaser has requested the Vendor to grant, convey, assign and transfer to the purchaser the said land and all the right, title and interest of the Vendor therein including the ownership rights whatsoever therein to the purchaser at or for the said sum of Rs.1,88,460/- (rupees one Lakh eighty eight thousand and four hundred and sixty only) which the Vendor has agreed to do NOW THIS INDENTURE WITNESSETH as follows:-

1. That in pursuance of the said agreement and in consideration of the sum of Rs.1,88,460/- (Rupees One Lakh eighty eight thousand and four hundred and sixty only) on or before the execution of these presents paid by the Purchaser to the Vendor (the receipt whereof the Vendor doth hereby admit and acknowledge and of and from the same and every part thereof doth hereby release and discharge the purchaser) the Vendor doth hereby absolutely grant, convey, assign and transfer unto the purchaser ALL THAT piece or parcel of the said land or ground situated in the villages of Corlim and Gaudaulim admeasuring about 7,53,840 Square Meters (Seven lakhs fifty three thousand eight hundred and forty) or thereabout more particularly described in the Schedule hereunder written and delineated on the plan thereof hereto annexed and thereon shown as surrounded by red coloured boundary line and the right, title and interest of the Vendor therein including the ownership rights whatsoever therein TOGETHER WITH the buildings, yards, courts, areas, fences, ways, wells, sewers, drain, watercourses, lights, easements and appurtenances whatsoever to the said land belonging or in any appertaining or usually held, used or enjoyed therewith or reputed to belong or be appurtenant thereto AND ALL the estate property claim and demand whatsoever of the Vendor in to and upon thee said land and every part thereof TO HAVE AND TO HOLD the said land hereby granted, conveyed, assigned and transferred or expressed so to be unto and to the use of Purchaser forever subject nevertheless to the payment thereout of all land revenues or rather dues now chargeable upon the same or hereafter to become payable to the Vendor or any other authority or local or public body in respect therof.

2. The Vendor doth hereby covenant with the Purchaser that notwithstanding any act, deed or thing by the Vendor done or executed or knowingly suffered to the contrary, the Vendor now hath right and authority to absolutely grant, convey, transfer an assign the said land hereby granted, conveyed, transferred and assigned or expressed so to be unto and to the use of the purchaser in the manner aforesaid AND that the purchaser shall and may at all times hereafter peaceably and quietly possess and enjoy the said land and receive the rents and profits thereof without any lawful eviction, interruption, claim or demand whatsoever from or by the Vendor AND THAT free from all encumbrances whatsoever made or suffered by the Vendor.

PROVIDED ALWAYS and it is hereby agreed that the Vendor shall not be liable to the Purchaser for any claim made by any person or persons in respect of any interest in the said land or for being disposed from the said land by any person or persons.

3. And the Purchaser doth hereby covenant with the Vendor that in the event of purchaser intending to resell the said land or any part of portion therof which has not been developed and is lying vacant, the Vendor shall have the first option to purchase back the same and the right, title and interest of the Vendor hereby granted, conveyed, assigned and trnasfered or expressed so to be on payment by the Vendor to the Purchaser of the said price of Rs. 0.25 P. (twenty five paise) per square meter and that any re-sale by the purchaser in contravention of the provision hereinbefore contained shall be void.

PROVIDED FURTHER that the Purchaser shall have at all times hereafter the right to grant, convey, assign and transfer the said land or any part or portion therof to any company which shall be a subsidiary or an associated company of the Purchaser or a Company with which the purchaser shall be amalgamated for the expansion of the allied chemical industrial complex of the Purchaser and such grant, conveyance, assignment and transfer shall not entitle the Vendor to have any such option.

IN WITNESS WHEREOF the Vendor and the Purchaser have hereunto set their respective hands and seals the day and year first herein above written.



THE SCHEDULE ABOVE REFERED TO

ALL THAT piece or parcel of land or ground situated lying and being in the village of Corlim of Ilhas Taluka of Goa known as Molliem Manganddo and Dulap admeasuring 7,53,840 Square Meters (Seven Lakh fifty three thousand eight hundred and forty Square Metres) or thereabouts as shown in the plan registered in the Directorate of Land Survey, Panaji, under No. 18738 and bearing C. S. No. 7 (part) bounded on or towards the North by land bearing C.S. No. 8 and Gandaulim Village boundary, on or towards the South by the Panaji Banastarim road (C.S.No.21), on or towards the East by land bearing C.S.Nos.10, 11, 13 and 7 (part) of Corlim Village and on or towards the West by Gandaulim Village boundary and land bearing C.S. Nos. 6 and 7 (part) of the Corlim Village, situated in the sub-district of Ilhas, district of Goa.


SIGNED SEALED & DELIVERED BY

SHRI W.G.RANADIVE

SECRETARY REVENUE DEPARTMENT

of Government of Goa, Daman and Diu for and on behalf of

the President of India in the presence of

S.B. DESHPANDE, UNDER SECRETARY (HOME)

Government of Goa, Daman & Diu.

M. S. PRABHU

Director of Finance, Govt. of Goa, Daman and Diu.

SIGNED SEALED & DELIVERED by

CIBA OF INDIA LIMITED in the

presence of S. B. DESHPANDE,

UNDER SECRETARY (HOME),

GOVERNMENT OF GOA, DAMAN AND DIU.

RECEIVED of and from the withinnamed Purchaser the sum of Rupees One lakh eighty eight thousand four hundred and sixty only being the consideration in full within mentioned to be by the purchaser paid to me on the day and year first hereinabove written.

I say received vide challan No. 317/317/68-69 dated 24-1-1969

Sd/-

W.G.Ramadevel

Witnesses:

Sd/-

(S.B. Deshpande)
UNDER SECRETARY (HOME)
GOVERNMENT OF GOA, DAMAN AND DIU.

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