It is very easy for some to say “Goans should stop selling their properties” or
“Goans should stop selling their properties to outsiders”. It is also easy to
add sentimental feelings and attachment to express this request. It only goes
to show that these protagonists have never inherited a piece of land from their
forefathers, else they would have known the turmoil land owners have been
through after Indian law came into force in Goa.
(1) In the first place the “Open Land Grab” Law called the Acquisition for
public purpose. The Portuguese Law never had acquired anybody’s land at peanut
rates as the Law itself stated that acquiring is to be done at market rate and
government was no exception. No Law in the erstwhile regime made exceptions to
Government. (2)According to Indian Law,
anything below ground belongs to the government. And I know cases wherein
private property and plantation have been excavated for mining with blessings
from government. The Portuguese for that matter did not even steal a single ton
of ore from Goa, but false propaganda of them marauding our land is making its
rounds in certain circles. (3) The
subsequent Mundkar & Land to tiller Acts have further looted the small Goan
land owners and have perpetually put them into litigations.
(4)Your neighbours keep extending the boundary
lines from all sides. Or if you are out of Goa, someone encroaches some
construction or puts up a hut. The police wash their hands stating that it is
a civil matter; whereas during the Portuguese time the police themselves solved
these issues, thus decreasing judiciary burden. At present in Goa, any land
owner will tell you that owning properties in Goa is to be in perpetual
litigation, which goes on for decades as it is a constant source of bread,
butter & cheese for most advocates. (5) The
Govt. of India moreover has deleted the right to property from the
constitutional rights. Our
forefathers bought these properties, cultivated them and fed others too. Helped
the homeless by providing them shelter free of cost in the property, on
condition of doing work in the property during month of August/September for a
slightly lower salary. Some were allowed to till & sow the paddy fields and had
the incentives of keeping the remaining paddy for themselves on giving a fixed
quota to the owner. This was fair enough as they were happy. Would our
forefathers be happy at seeing the present state of their property? That their
own children after inheriting from them; all their sacrifices being usurped by
a third person? By some of those whom they had compassion and gave shelter?
Goan land owners have been made paupers overnight. The salaries in Goa are not
sufficient to make both ends meet, leave aside maintaining an ancestral houses
and properties and litigations. That is why our Goans leave home for better
salaries and decide to sell off the properties. The other type of
people who sell are brokers & builders who swindle the poor owner and makes
huge profits and also people who got the land free, blessings from government.
To solve this issue of selling ancestral house & properties we need to tackle
the root cause first, that make people sell them. Can we tackle the root
cause? It is not just handling 40 thieves but 4 lakh thieves all the way down.
Does anyone have a different view as to the root cause?
Dr. Ferdinando dos Reis Falcão.
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