‘De-notified Dabolim land was not Costa’s’ May 22, 2014
l Sancoale Comunidade members challenge ownership of the controversial 8/1 land which the Kamat govt had de-notified in favour of owner Bernard Costa l Petition asks all “occupants” to be evicted and all constructions demolished l This land marked for airport parking, now used for a mammoth residential complex with flats already sold. TEAM HERALD teamher...@herald-goa.com SANCOALE: 8/1 is easily one of the most infamous pieces of land in the whole of Goa. In an exercise of brute government arrogance, in February 2011, the then Digambar Kamat government had truck and pushed through a honey deal with one Bernard Costa, at the behest of Vasco’s most prominent builder, to de-notify 36,800 square meters of land, marked for parking to cope with the expansion of the Dabolim airport. In one stroke the Airport Authority of India lost its parking land to Bernard Costa for the ostensible purpose of his “family use”. Soon it was used by Umiya Builders to build residential complexes and supported by the Vasco builder whose name appeared in Form 1 and IV. Now in a fresh development, members of the Sancoale Comunidade have moved court, stating that they (Sancoale Comunidade) and not Costa are the owners of the land designated as Survey No. 8/1 - first being notified as parking for the Dabolim airport before being subsequently de-notified and given back to one Bernard Costa for his “family use”. The writ challenges Costa’s version of how he obtained ownership of what was comunidade land as well as his subsequent obtaining of a sanad. The writ seeks the stay and removal of all construction or development work in Survey No. 8/1 of Dabolim village and wants the sanad dated June 27, 2011 to be quashed and set aside as null and void. The petitioners want the State government and the administrator of comunidades, south to evict all “unauthorized” occupants in the property. According to the petitioners it was impossible for any person to acquire the status of “occupant” according to provisions and Rules of Goa Land Revenue Code, 1968 in the absence of State Grant. And in absence of this it was impossible for any Collector to grant any permission or sanad as to carry out any kind of non-agricultural activity. The petition disagrees with the claim of Bernard Costa, who allegedly claims to be owner of the given land by saying that it was purchased by his then predecessor in a public auction from Comunidade of Sancoale, over hundred years prior to coming into force the provisions and Rules of Goa Land Revenue Code, 1968, and that mutation was carried out in the year 1996. The petitioners have argued that it was impossible by law to substitute the existing name of Comunidade of Dabolim by the name of his immediate predecessor in Occupants Column of extract Form I and XIV. The petition also question the powers of Revenue department officers like the Collector to carry out any kind of function relating to the Village Community or Comunidade of Goa and also questions the legality of the acts carried out by the Town and Country Planning authorities and local bodies. That Writ Petition No. 270/2014, filed by interested Components of Comunidade of Sancoale, points to the absolute abdication of powers vested with the Governor designated under the Codigo das Comunidades, and the encroachment into the same powers by the concerned Revenue Minister in political interest, the arbitrary translation of the Codigo das Comunidades in English and carrying out of suo moto amendments to selective provisions by non compliance to provisions of Article 652 of the Code of Comunidades.The petition also points out how and why there is undue interference by every Revenue Minister and the non-providing of appropriate Administrative Tribunal to the Comunidades as required in terms of the provisions of the Code of Comunidades. The petition also points there is illegal appointment or constitution of the designated post of Administrator of Comunidades by unqualified and incompetent persons with nexus to politicians and alleges that there is illegal appointment and recruitment of other employees in the service of the Administration of Comunidades and the mismanagement of affairs by Managing Committees of Comunidades, as a result of which blatant violations like the claimed ownership of 8/1 by Costa and the deals struck on this land takes place. The loss of 8/1 and after May 22, 2014 TEAM HERALD teamher...@herald-goa.com This land after it was de-notified, was divided into 4, with two being kept by a Vasco’s most influential builder who is the co-owner in the land along with the original names while two parts have been given – one to another local builder for plots and the other to this party from Bangalore. Immediately after de-notification the Airports Authority of India said that it needed the land in meetings with the government. AAI says needs land for parking: In April 2013 the AAI - stressing that there was no other suitable contiguous land available close to the Dabolim airport said that it needs land for parking along with other supporting infrastructure like warehousing for cargo and fuel storage facilities. Calling the de-notified 36,800 sq mts (in February 2011) as being “essentially required” for parking the AAI said that the in house multilevel car parking of around 500 cars was “totally insufficient and cannot intake coaches and buses.” AAI paid for land in advance: The AAI had deposited a sum of Rs 4.25 crore in 2009 and 2010 (total estimated cost was Rs 5.65 crore), saying that it needed approximately 20 acres comprising of 3 packets – 53, 157 sq mts, 20,050 sq mts and 9702 sq mts (total of 82,913 sq mts). AAI also argued that the lack of land was the main impediment in undertaking development works at the airport. Naval warning: Stop work on Costa land, residential complexes security threat Naval authorities have directed the state to immediately stop work on the de-notified 36,800 sq mts for security reasons in a letter dated March 30, 2012 to the chief secretary, South Goa Collector, MPDA and local elected representatives. “It is assessed that existence of unrestricted civilian residential complexes in the areas can be a potentially serious threat to military, VVIP and civil aviation security. If the area in Survey No 8/1 (of Dabolim village) remains under the control of AAI as originally intended (before de-notification), the degree of threat would be significantly contained,” the Navy’s letter says, adding that the area can be used as a safe haven for disruptive elements and to gather intelligence as a full view and access to the runway will be easily available to the civil population. The site is about 200 mts from the main gate of the Naval airbase and also close to the AAI cargo complex. Writ seeking Contempt notice against Goa Chief Secretary, for “inaction and lethargy” filed A writ was filed in the High Court recently seeking that a contempt notice be issued to the Chief Secretary B Vijayan for his failure “to abide and comply with the court order within a specified time frame.” The writ was filed as a follow up to the PIL that was disposed off after directions were given to the chief secretary to take a decision on the petitioner’s representation of taking immediate steps for acquiring the land within 6 months from the date of the order. This time limit ended on 10/8/13. The petition argued that the inaction by the State of not making the award within a period of 2 years from the date of the publication of section 6 declaration as required under section 11 A of the Land Acquisition Act, had allowed the acquisition proceedings to lapse and there was inaction and lethargy by the present government which had not taken steps to reinitiate the acquisition process though there was a dire need for the land for the development of a parking area for the Dabolim Airport. Selective continuity of govt, Mr CM? Asked why the Kamat’s government decision of de-notifying 8/1 couldn’t be overturned, CM Parrikar had said. “There should be continuity of governance” If that’s the case then why isn’t the assurance given to the Union Civil Aviation Minister on April 12, 2006 by the Kamat government that it will make land available for parking, being honoured, by that same principle?