Monday, November 30, 2009

Law as source of injustice to tribal people in Goa

The following are depositions that were made at the People's Tribunal held in Panaji on May 30-31, 2009. it was headed by Justice Hosbet Suresh, a retired High Court judge of Bombay High Court.

Narayan Rama Gawde, Talolem, Bandoda:

He is a tenant but has legal problem with his position as there are two people claiming to be his landlords. He want to get himself to be declared as tenant of the land that his family has been occupying for over 75 years and carries on cultivation of Cashew, Ragi, Cereal, Morod, Cucumber, ladyfingers, etc.

Krishna Mangueshkar, Sonu Mangueshkar, Narayan Mangueshkar, Digambar Mangueshkar, Pallant, Siridona, Tiswadi :

Residential land is in their possession and have been residing there for many generations. However they do not have clear land titles. They are not yet declared as ‘Mundkars’- legal title holders of their land. The land lord suggest them to buy the land they are occupying at the rate of Rs.50/- per square meter. This is wide trend in Goa owing to land speculations where traditional people is like Tribals are forced to give way for real estate purpose. They desire clear titles to their land titles as ‘Mundcars’.

Ganesh Mono Gawde, Karmale, Querim, Ponda:

He is in cultivator possession of land for the past five Generations. They grow Cashew, Mango, beetle nut etc. On form I & XIV form of his land Forest Department is recorded as owner. While he is recorded in ‘Other rights’ column. This creates a problems while availing various schemes for farmers as Government schemes for agriculture development requires that the name be recorded on I & XIV as ‘Tenant’ and not in ‘Other Rights’ column as is presently the case.

Tukaram Apa Kholkar, Caraim, Chodan, Tiswadi:

Cultivating the khazan land in Morombi-o-Grande, Merces, Tiswadi that belonged to Landlords. In 1984 purchased from Bhatkar (land lord) but no mutation entry is effected in his name in land records and land continues to be shown officially as belonging to landlord. He has to follow up the matter with mamlatdar of Tiswadi

Sriram Baburao Gawde:

Sriram’s tenancy matter is pending in mamlatdar’s court since 1990. Advocated are taking new dates every time. Advocates prosper by taking new dates. Justice delayed is justice denied. Tribal people are suffering because of Judiciary. There should be time limit to decide on litigations. The tenancy cases Nos. 20/98, 21/98 & 22/98 is Mamlatdar, Ponda. When will these cases be settled?

Sriram’s land measuring 1,000 square meters has been taken over for the purpose of road widening Rs 1 lakh 20 thousands was paid in 1987 as compensation as a share of Shantadurga temple located at Nanora, Bicholim. Sriram and others has 8 acres of land in possession in Priol, Ponda. He also has got form I & XIV registered as tenant of the area. He has requested hereby to declare his family members as tenant as early as possible.

Anil Gaonkar, Bhati, Sanguem:

Anil Gaonkar has Matriz documents in his possession as a land title. His land was acquired for Selaulim dam irrigation project. He applied for redressal with Irrigation department, Personal department and Chief Minister. However because Matriz has been termed as invalid land title document Anil is unable to lay his claims. Mamlatdar when approached told him to get latest Court order for the purpose of mutation. His submerged land under Selaulim dam bears survey number 37. His name is not found on survey no I & XIV form. All together 8 families had their common property submerged under the Selaulim Irrigation dam.

Ramchandra Gaonkar, Bhati, Sanguem:

Ramchandra has old matriz document by which he is an owner of 5000 square meters of plantations that has variety of fruit bearing trees such as Mango, Cashew and Jackfruit. In form I & XIV the owner is wrongly recorded as forest department. Now he needs permission to cut big trees to construct house for himself. He also need to construct road to his house. He fears that Forest department may object in this regard.

Digu Dhaku Dhulapkar, Dulapi, Corlim, Tiswadi represented by Durgadas Gaonkar:

Digu resides in house number 359/1 in a land bearing survey number 31/1. He had filed case for declaration as Mundkar in Mamlatdar’s Court in 1986. The case is still pending for over 23 years. He said independent India has deprived people of their rights. Durgadas submitted that People like him be recognized as Mundkars and be given rightful dwelling.

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