Bhumiputra Adhikarini bill opens can of worms

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SOIRU VELIP | NT

Panaji

The passage of the Goa Bhumiputra Adhikarini bill, 2021, in the state legislative assembly during the just-concluded monsoon session has kicked up a fuss in Goa.

The government has claimed that the new legislation envisages grant of house ownership rights to Goans. But it must be noted here that thousands of applications are still pending before the authorities, which have been filed under the Goa, Daman and Diu Mundkars (Protection from Eviction) Act, 1975; the Goa, Daman and Diu Agriculture Tenancy Act, 1964, and the Goa Regulation of Unauthorised Construction Act, 2016.

The new enactment stipulates providing a mechanism to give ownership right to a self-occupied dweller of a small housing unit so as help the owner live with dignity and self-respect and exercise his right.

Interestingly, the Goa Regularisation of the Unauthorised Construction Act, 2016, also aims at granting ownership rights on structures built on private lands.

Some 5,795 applications made under this particular law are still pending before the government.

Moreover hundreds of applications are also pending before various mamlatdar courts, which have been filed under the Goa, Daman and Diu Mundkars (Protection from Eviction) Act and the Goa,

Daman and Diu Agriculture Tenancy Act.

Speaking in the state legislative assembly after the passage of the Goa Bhumiputra Adhikarini bill, 2021, on Friday, Chief Minister Pramod Sawant explained that the houses built on 250 sq. mt of land on private, ‘alvara’, communidade and government lands will be given ownership rights under the new legislation.

The bill says the deciding authority – Bhumiputra Adhikarini – may be by an order declare a Bhumiputra to be the owner of the dwelling unit occupied by him up on payment to the government of an amount equivalent to the value of land calculated at the market rate and such other amounts as specified in Section 6.

It also says  that within a period of six months from the date  the new legislation comes into force a Bhumiputra may apply to the Bhumiputra Adhikarini in such manner and such form as prescribed along with such documents to prove that the dwelling unit has been constructed or has been in existence prior to April 1, 2019.

As per this legislation, Bhumiputra means a person who has been residing in  Goa at least for 30 years before the date of making application under Section 5 and in occupation of a dwelling unit and includes his or her spouse, son, daughter-in-law and unmarried daughter.

Some officials confided to ‘The Navhind Times’ that the new legislation may frustrate orders on demolition of illegal structures built after encroaching on various government lands.

Concerned citizens also expressed apprehensions that the new enactment may give a fillip to grabbing of communidade and government lands.