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All you need to know about bhumiputra Bill that Goa govt plans to reconsider
Sawant’s decision to reconsider the Bill, that was passed without a discussion, comes amid a severe backlash across the political and social spectrum
Goa chief minister Pramod Sawant on Tuesday announced that the government would bring an amended version of the controversial Goa Bhumiputra Adhikarini Bill, 2021 in the next session of the assembly around two months from now.
Sawant’s decision to reconsider the Bill, that was passed without a discussion, comes amid a severe backlash across the political and social spectrum. The government has been accused of seeking to gain an undue advantage ahead of the upcoming polls, of rewarding encroachers and of prioritising the migrant workforce at the cost of locals.
The Bill was tabled in the Goa assembly at around 3.30am on July 30, the previous day’s session having sat for a record 17 hours, until 4.30am.
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Drafted with the aim of providing “a mechanism to give ownership right to dweller of a small housing unit to enable him to live with dignity and self-respect and exercise his right to life,” the Bill provided the legal basis for the Goa government to set up a “Bhumiputra Adhikarini”, an authority that would receive applications from ‘Bhumiputras,’ and after hearing objections, would be empowered to declare the applicant as the owner of the premises he was living in.
Any person living in Goa for at least 30 years would be defined as a “Bhumiputra” and would be eligible to file an application for ownership under the Act. Further, a decision of the Bhumiputra Adhikarini cannot be challenged in any court of law.
According to section 4 of the Bill, “the Bhumiputra Adhikarini (authority) may by an order declare a Bhumiputra to be the owner of the dwelling unit occupied by him upon payment of an amount equivalent to the value of land calculated at the market rate and such other amounts…where the land is not owned by the government the amount received shall be transferred to the owner of such land.”
After consideration of objections, if any, the Bhumiputra Adhikarini shall pass an order, as deemed fit by it deciding the value of the land and the charges/fees to be paid by the applicant under various law including conversion charges, infrastructure tax, except penalty and convey his decision to the applicant, along with the challan for making payment as aforesaid.
After receipt of the amount, the Bhumiputra Adhikarini shall issue an ownership sanad to the applicant in such form as prescribed and Mamlatdar having the jurisdiction shall make an entry in the (land) Record of rights, based on the Ownership Sanad granted by Bhumiputra Adhikarini under sub-section without any further notice or any proceedings.
“It is clearly a licence to a person who is sitting on your land on April 1, 2019, to automatically, by this legislation, acquire ownership rights and title to your property. Irrespective of whether he’s an encroacher or even if he’s your tenant,” Adv Carlos Alvares Ferreira a former Advocate General of Goa.
“They have said 30 years’ residence (to be eligible), but it doesn’t say that it should be 30 years in that house. It only requires residence anywhere in Goa for the last 30 years and then you should have been in that house on April 1, 2019,” he added.
That the bill was hurriedly and poorly drafted emerged after the government, through a BJP legislator, moved an amendment to ensure that people staying via rent agreements or tenancy agreements do not claim ownership of the house or room they are living in.
Chief minister Sawant on Tuesday night, however, confirmed that via the amendment, “people can only apply for the ownership of their own dwelling units -- that is the electricity and water bill needs to be in their name”.
“We brought this amendment in the house before passing the Bill. This is only for dwelling units and not for commercial purpose,” he said. In the original copy of the Bill circulated in the House and on the Vidhan Sabha website, the amendment is not yet reflected.
“This bill has been brought specifically for those who have built houses on government land and on comunidade (community) land. This category of people couldn’t take advantage of the Mundkar Act and the Regularization of Houses Act. This Act is especially for them,” Sawant said.
“There are many who are saying that this bill has been brought for the benefit of migrants (who may be staying in illegal slums). I wish to ask them, ‘when did these migrants come? When did they build their houses? When did they encroach upon government land and common land? And if they are squatting on government land have they paid for it? Or have those lands been allowed to be taken over for free?” the CM asked.
The fate of the Bill -- that was already passed by the assembly -- remains unclear with Sawant not specifically saying it will be withdrawn. However, with the government promising to bring a revised Bill, it is unlikely that the governor or President of India (since it is a Bill concerning land rights) will grant assent making it a law.
Congress spokesperson Sunil Kawthankar said the proposed law is against law abiding citizens and favours encroachers. “Goa Bhumiputra Adhikarini Act is a tight slap on every hardworking Goan’s face by the BJP government for votes in the coming elections. The law is also not legally tenable as an authority cannot provide legal rights to an encroacher or squatter,” he said.
