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Parishioners of Margao are distressed over the recent developments that arouse ones religious sentiments. >From certain information available the report is filed for the knowledge of the public. On the land admeasuring 50 m2 surveyed under Chalta Nos 257 (11m2), 258 (31m2), and 259 (8m2) of PTS 238 ,recorded in Book No:24 of City Survey Margao Salcete there is a small chapel "Capelinha de Santas Almas" or little chapel of Holy Souls" managed by "Confre da Fabrica da Capela (now Igreja ) da Nossa Senhora da Graca de Margao" . The Chapel is located on Francisco Luis Gomes Road commonly known as Old Station Road, near Afonso de Albuquerque Market, New Market Margao Salcete Goa It is bounded on the East by shop of Ananta Xete Quessoncar,on the West by Municipal road No.8, on South by cross road (esquina) or municipal passage on North by Municipal road. The land is not registered in the Land Registration Office, but enrolled in Land Revenue Office under Matriz Number 48 & 61. The " loja No. 01" EXCLUDING verandah and passage on the eastern side was vide agreement of lease dated 01.02.1956 granted on lease for a period of 3 years to one RAMA GANESSA NAIQUE (alias Rama Ganesh Naik) on an annual rent of Rs 182 payable in monthly instalments to carry out the business of frames and glasses. Some of the relevant clauses enumerated below are highlighted: clause 03 ; the lessee shall not sublet the area or renounce any rights which may have accrued under the Decree No:49 dated 22.7.1913; clause 06 : the lessee shall not carry out in the area any improvements, nor bore any holes on its walls, without the written consent of the lessor: clause 07 : the improvements or works which the lesee may voluntarily make and without consent of the first party, shall not be removed by the lessee and shall belong to the lessor except those which are not fixed on the walls or can be removed without any damage; clause 09: the lessee shall not place in the verandah passages or places which lie between the doors, boxes, cupboards or tables for the sale tobacco cigarretes pipes cigars or other articles , and in case he wishes he shall obtain permission and also pay another Rupees three per month; clause 11: One Prabacar Voicunto Sinai Edo ( alias Prabhakar Voikunth Sinai Hede) stood as surety and principal payer for the security of the conditions stipulated in the present contract; Finally it is also agreed that the rent fixed shall be amended in harmony with the final decision of the valuation which is being applied for in terms of para 3 of Art 20 of the Diploma No: 1409 dated 14.2.1952. The agreement is made on loose sheets without the stamp duty as the lessor are exempted from it in terms of Art 6 ot the Concordata and of Art 11 of the Missionary Agreement between the Holy See and Portugal dated 7.5.1940 The above lease agreement was thereafter renewed from time to time. It is not known whether on the name of Rama Ganessa Naique . The date of death of original lessee Rama Ganessa Naique (alias Rama Ganesh Naik ) is also not on record nor are the names of his legal heirs . However on 25.1.1967 a Deed of extension of lease for another three years (earlier one expired on 31.12.1966) was signed by : an ALLEGED legal heir of the lessor RAMA GANESSA NAIQUE (alias Rama Ganesh Naik) viz one Chandrakant Babu Naique son of Babu Naique (Babu Naik) resident of H.No: 75 Near Metropole for the same loja No:1 but on a monthly rent of Rs.20/- The present occupants viz: Ramdas, Vijay and Vinay are sons on Chandrakant Babu Naik. Also vide similar agreements dated 25.1.1967,loja No; 2 (West) was leased to Mr. Gangaram Sonaili, to Shantaram Santu Redkar, verandah (North) and Ramdas Vaman Falari shop undescribed (?) Later vide agreement dated 18.6.1981 Verandah on west was leased to Barnabe George . On 19.11.1989 on the penultimate day of campaigning for the Goa Legislative Assembly elections there was a fire in the chapel and all (except loja No 1 ) surrounding tenements were partially or considerably destroyed leaving no scope for conduct of business as per situation ante. Reconstruction and rehabilitation was necessary but before the plans were drawn one Shantaram Santu Redkar occupying verandah North,commenced repairs without permission of the Cofre of Fabrica de Capela (now Igreja) da Nossa Senhora de Graca. Apprehending that others would follow a regular civil suit No:273/89/D was filed in the Court of Civil Judge Junior Division at Margao by the Confre (lessor) for permanent injunction restraining all the occupants from carrying out any repairs without their consent and permission. However the issue was resolved under "Consent terms" 20.12.1989 that in lieu of the lessees agreeing to carry out the repairs themselves in accordance with the plan and directions of the Confre without the right to any of the structures: the rent paid by them was enhanced to Rs. 260/- per month That fresh agreements were to be executed within ten days of the Consent terms i.e. by 31.12.1989 on earlier terms but with enhanced rent and that in the event the Confre decides to construct a new storied buiding in the premises after next two years i.e. by 20.12.1991 the lessees would vacate the same but offered premises of identical area in the new complex on enhanced rent . In 1997 it was noted by the Confre (lessor) that the lessee of loja No1 had without permission of both lessee and municipal authorities " constructed two walls on the verandah of the premise admeasuring 0.60 mts length and 2.20 mts height and fixed a rolling shutter to the said walls and also converted the verandah into a room. That a table was placed on the road side outside the premises and sold lottery tickets " He was then following a complaint from the Parish Priest asked by the then Chief Officer Mr. K. A. Satardekar vide Margao Municipal Council letter No:1/344/96-TECH/Illegal/345 dated 25.2.1997 to show cause notice under section 184 and 193 of Goa Municipalities Act 1968 why action deemed fit including demolition should not be effected. There was also a direction to the Market Inspector to take action and remove the table with the lotteries from the road side ( passage used for assembly of those venerating near the chapel) and stop such business being carried out outside the premises. On a letter dated 5.5.1997 by Parish Priest to CO MMC.. The unauthorised structures were demolished. However each time the same was reconstructed by the lessee. In the Chapel religious activities like ragular prayers, visits, lighting of candles "ladainah" are carried out by the business community and other faithful. The lessee continued to obstruct the passage made free by MMC for the faithful to have acess to the Chapel.and several letters from the Parish Priest of Our Lady of Grace Church to both CO Margao MUNICIPAL Council , 10.12.1997 11.12.1997 25.03.1998 ending with a plea on 11.7.1998 by the lessor, before the High Court of Judicature of Bombay Panaji Bench to remove the illegalities within the precincts of the Chapel following a similar order in Writ Petition 148/97 to all Municipalities to remove illegal encroachments in the in public places and on road widening areas. The Margao Municipal Council issued a show cause notice dated 25.2.1997 since no reply was forthcoming the illegal construction of walls and the rolling shutters were demolished by the High Court order on 21.8.1997. A footpath and a front verandah were left open for the devotees. However this part was covered with a wall and a rolling shutter. Following a visit of the lessor the Parish Priest of the Our lady of Grace Church, on 4.8.2000 the lesee viz sons of late Chandrakant Babu Naik) filed a Civil Miscellaneous Application for temporary injunction before the Civil Judge Division Margao directing the Hounourable Court to ensure that the lessor should REFRAIN from entering the premises of the lessee or evicting them other than by due process of law and to avoid causing any kind of damage to goods displayed in the premises which includes the verandah and passage . It was the contention of the lessee that after the death of their father late Chandrakant Babu Naik on 18.4.1996 the present lessees were carrying out the business of fixing of frames for photographs pictures etc sale of lotteries . That the rent payable during th Portuguese regime was Rs.20/- but subsequent to the fire in November 1989 the same was enhanced to Rs.260 plus Municipal tax of Rs.22/- after due permission was granted by the lessor. That they have been paying the revised rent regularly and not in arrears of any amount due to the lessor. That in view of this the lessee are entitled for eviction only under the provisions of the Goa Daman & Diu Buildings (Lease Rent and Eviction) Control Act. However the Confre provided evidence that The Form S.T IV certificate of Registration for a dealer states that business is only for manufacturing Retail/Resale of "glasses & mirrors sheets" and that he keeps one wearhouse Behind Miranda Hospital for the manufacture for sale of "photo frames" as on 26.7.1996. A separate notice No:1/33/2000-TECH/Illegal/1010 dated 24.8.2000 was issued by Chief Officer Margao Municipal Council stating that following inspection on 10/8/2000 it was found that the verandah which is expected to be a through passage for movement has been enclosed by constructing a wall and making a room admeasuring 2.60 m x 1.80 m wide with plywood door. At present activity of trading of lotteries with the said space of verandah. That the illegal encroachment is being carried out without obtaining prior permission of this office which is in contravention of section 184 of the Goa Municipalities Act 1968 . Hence to show cause why the same should not be demolished. Besides the Civil Miscellaneous Application No:515/2000/E suit for temporary injuction restraining the lessor from interfering in the suit property the Regular Civil Suit No 213/2000/E was awaiting disposal . In the absence of the lessee being unable to provide the details of actual premises leased out the above suit for temporary injunction was dismissed. Yet vide another Notice No:1/22/2000-TECH/Illegal/1507 dated 1st November, 2000 the lessee was called to adduce evidence on 17/11/2000 before the Chief Officer MMC. Finally following a letter dated 24.9.2002 and 7.1.2002 from the lessor to the Chief Officer Officer vide letter MMC/TECH/F-109/2002-03/3385 dated 1.11.2002 noted "that the passage (verandah) in front of the Chapel Santas Almas is occupied by the shopkeepers and the Church is accepting rent from the occupiers . For any construction being made in the passage you may approach the Renmt Controller." The lessor denied this in his letter dated 23.1.2003 but the Chief Officer is silent till date. Following a public outcry and representattions made the Collector South Goa District inspected the site and his observations noted. The lessee however continues to have restored the illegal structures and converted it into a full fledged shop and continues the sale of lotteries in the premises unauthorisedly. The moot question is how come the Municipal authorities who themselves have noted the violations on several ocassions allowed the structure to continue. Is there a political interest ? or is this issue used to stir up emotional sentiments and create a communal turmoil. The MLA Margao has been given a representation on this issue. Will the authorities please advise the course of action to be followed in a democratic set-up. To tourists visiting the commercial and cultural centre of Margao city it is disgusting to see the edifice of the Chapel being surrounded by cobblers shop garment store and now illegal vending of lotteries.in utter disregard to religious sentiments. It would be advisable if the Hon'ble Urban Development Minister and thrice elected MLA from Margao Digamber Kamat who has otherwise been instrumental in upgrading the St Sebastian Chapel at Aquem into a Church providing land for a cemetry to the people of Aquem and now aspiring to have a separate cemetry for the parishioners of Our Lady of Grace Church to see that the illegal structures are demolished. Further it would be advisable to work out an amicable settlement with the present occupants to shift all the premises in the vicinity of the Chapel and relocate it elsewhere. This is not beyond the capacity of the MLA and the parishioners would be grateful to such an endeavour. Alternatively the Goa Government and well meaning citizens of Goa both within and settled outside could suggest a way out in restoring the sanctity of the Chapel as a place of worship respecting the emotional sentiments of the faithful. godfrey j. i. gonsalves borda - margao goa ________________________________________________________________________ Missed your favourite TV serial last night? Try the new, Yahoo! TV. visit http://in.tv.yahoo.com _______________________________________________ Goanet mailing list [EMAIL PROTECTED] http://www.goanet.org/mailman/listinfo/goanet