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Goa Cabinet approves ordinance to protect comunidade land integrity

Synopsis

The Goa government has approved an amendment to the 'Goa Legislative Diploma No. 2070 dated 15-4-1961', disallowing any change in the use of comunidade land. The honorable Chief Minister Pramod Sawant highlighted that the land granted for the specific purposes, such as housing, education, or industry, has often been misused for other purposes. The amendment introduces Article 31-A, which prevents grantees from altering the land use. Administrators of comunidades are empowered to investigate violations and revert the land to its original owners. No authority, including town planning bodies, can approve changes in land use, ensuring strict adherence to original allocations.

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The Goa government has taken a significant step to protect the usage of comunidade land by approving an amendment to the 'Goa Legislative Diploma No. 2070 dated 15-4-1961'. This ordinance, passed by the state cabinet on Monday, introduces provisions that prevent the use of comunidade land for purposes other than those originally specified during the allocation process. The amendment, referred to as the 2024 ordinance, is aimed at curbing unauthorized land use, which has been a growing concern in Goa.

Chief Minister Pramod Sawant explained the rationale behind the amendment, noting that there have been numerous instances where comunidade land, allocated for specific purposes, has been misused. Land that had been granted, sold, or leased for particular objectives like housing, education, industry, or government projects was often repurposed without authorization, violating the original terms of allocation. The misuse was occurring through various arrangements such as sale, lease, emphyteusis (a long-term lease), or leave and license agreements, as outlined in the existing legal framework governing comunidade land. This growing misuse prompted the government to take corrective action to protect the integrity of such lands.

To address the issue, the amendment introduces 'Article 31-A', a key provision that prohibits grantees, purchasers, or licensees from altering the use of comunidade land for purposes other than those specified at the time of allocation. The introduction of this article ensures that land designated for specific uses cannot be repurposed under any circumstances. Sawant clarified that if land was granted for housing, educational institutions, industrial projects, or government schemes, it must continue to serve those original purposes, and no deviations will be tolerated.

The amendment also empowers the administrator of comunidades, the governing body responsible for managing these lands, to investigate cases where violations occur. The administrator will have the authority to revert the land to the comunidade if it is found that the land is being used in ways not aligned with the original purpose. This provides a mechanism to enforce the new regulations and prevent unauthorized usage of these community-held lands.

Furthermore, Sawant made it clear that no governmental body or authority-including the town and country planning department, planning and development authorities, and local bodies-will have the power to grant approvals or clearances for changing the land's intended use. This ensures that no loopholes can be exploited to bypass the new rules.

In summary, this amendment is a strong move by the Goa government to safeguard the purpose-specific use of comunidade land. By preventing unauthorized changes in land use and strengthening enforcement measures, the ordinance aims to protect these lands from exploitation and ensure they serve their intended public and community-oriented purposes.

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