From: "Nasci Caldeira" <[EMAIL PROTECTED]>
< It is true that Communidades existed for over a thousand years, or
whatever; But this is no reason why this system should not change! It smacks
of 'Commune' living and also of 'feudalism'. Nobody likes feudalism and
nobody lives in communes anymore; the world is now in the 21st century.
Let individual property be private and let all 'commune' property be public
either state or village public. Of course it will not be 'shared' but for
public use and with a public purpose; and if so decided then it can be sold
or whatever according to common wishes and not only of the Gaonkars. after
all, all Gaonkars are not really resident anymore, the style/ system of
living is no more! So the old 'Commune property' should be rightly declared
like 'Evacuee' property, and become public.>
==
Dear Nasci,
Intriguing proposition.
1. Are you saying that when Gen Candeth struck a body-blow to the
Communidade System, the owners of the Communidade were living on it .... as
a Commune?
2. Perhaps I could suggest that we look carefully at the history (even if it
is at the past 200 years) of the Communidade lands, How the "Zhonn" came
about, What "Zhonn" meant, How "Zhonn" was calculated......and WHAT the
Portuguese Govt negotiated with the Communidade land owners and WHY.....and
IF negotiated 'contracts' can legally be broken by unilateral action.
3. As far as I know, India follows the same common + civil law systems as
Britain. I believe that Australia, NZ, most of Canada and the US and the
Caribbean follow the same legal systems. Goa is in the same position as
Quebec, California, New Mexico, Texas and possibly Louisiana - where the
European (Roman Law) systems overlap with the British common + civil law
systems.
Under which system would you rename these Private properties ....as Evacuee
properties?
4. I believe that the Indian Constitution has special Acts dealing with
Evacuee properties. Please vide the 1950 Act - ammended in the early 1960s.
It might be worth one's while to look at recent Indian Supreme Court rulings
on Evacuee property with special reference to Kashmir. How do Goans fit in
it .
5. What you are suggesting is a Marxist (Cuba style) take over of private
property. Should they stop at the land only - or even go to houses?
The Bandodkar-Shashikala Kakodkar combine organised "land to the Mundcar"
phenomenon. Why did they spare the mines ... and NOT give the ownership of
the mines to the miners? There was a clever little provision put in place
BEFORE Bandit-ker initiated the process of the Mundcar take over of private
property.
Think about it ....IF the Agricultural Land should go to the Tiller .....Why
not Mines to the Miners? BTW: Has anyone worked out to WHOM the land really
belonged ....before the present Mine-Owners came and prospected for minerals
.....kept on good terms with the Portuguese, USED Portuguese law ....and
became OWNERS of the land. DID they BUY that land on which they mined and
continue to mine?
Today .... with the state of the "Laws" ...if you rent out a Room in your
house ... in which you are living ...OR even take pity on a homeless person
and offer him shelter for a day ...How long do you think it will take to get
him out?
The Banditos knew the legal difficulties with the Communidade land ... so
they "converted" it step by step.
I shall stop here ...and wait for your comment.
jc
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