Law department backs ex-AG’s call, says legislation must to take Zuari land

PANAJI: The law department has said that the state government should enact legislation to abolish the title of Zuari Agro Chemicals Ltd (ZACL) to the unoccupied prime land that has allegedly been diverted for real estate development. The department’s opinion is in sync with that of former advocate general J E Coelho Pereira, which was forwarded to it by the revenue department.
A senior government official said that the opinion would be placed before the government for a decision. “As per my understanding, the state government will not go for enacting a law to revert the unoccupied land,” he said.
Pereira, in his opinion, had said that the state government can enact legislation to abolish the ZACL’s title on the land. The opinion was in response to the revenue department’s query regarding action to be taken to recover 500 hectares of unutilised land given by the government to the company in 1969.
The opposition raised the issue during the last assembly session.
TOI had reported on July 23 that revenue minister Atanasio Monserrate told the House that the government would act on the issue after getting legal opinion. CM Pramod Sawant too said that the government can’t act on the issue without a legal view.
The opinions of Coelho Pereira and the law department will be tabled in the next assembly session.
The former AG stated that the only way forward to save and safeguard the land which is not occupied would be “if the government enacts legislation abolishing the title of ZACL to the balance land held by them, and make it vest in the government to be utilised for the utility purposes of state”.
He opined that the Code of Comunidades, as it existed at the time of grant, did not provide for grants of land for industrial and even agricultural use in excess of three to 10 hectares, and for construction of houses beyond 1,000 sqm, and the only way the grant could be made would be by public auction as stipulated in Article 334 of the Code of Comunidades.
In this case, he said that the land was granted to M/s Birla Gwalior Private Ltd in gross violation of the provisions of the Code. The managing committee and/or the general body of the comunidade of Sancoale and/or the administrator and/or the lt governor could not sanction such a grant, notwithstanding the resolution of the general body, as the same would be contrary to law.