The truth finally surfaces and exposes the Leading Hotels and the government lies.
http://www.heraldgoa.in/Review/Jacques-report-slap-on-Government%E2%80%99s-face/103402.html
The State government, as well the Leading Hotels, has for long maintained that the Tiracol villagers were wrong in their agitation and as such the land was not agricultural or non-tenanted.
This led to large scale agitation by the villagers which was supported by activists throughout the state.
The government as per the assurance given in the High Court appointed a one-man Commission of Sandip Jacques to look into the following:
a) Whether the land in question as referred to in the aforementioned PIL/WP were agricultural lands/or tenanted lands and
b) Whether the allegations regarding Tenancy made made in the Petition as regards to tenanted lands are true and correct, and
c) Whether the lands are or not tenanted lands,
d) Whether any person was or was not tenant of such lands.
However, the report seems to have been totally against the government stand.
The report clearly states that the area is an agricultural land.
Substantiating the claim, the Jacques report says “one can reasonably observe that the old records maintained under the Manual Form I & XIV, (part XIV Crop Cultivation) indicated entries of certain types of crops grown in the area during a particular period and the survey of which was carried out by the Talathis under the supervision of the Office of the Mamlatdar.”
“The entries in the Soil Classification (SLT) Book/ Forms maintained by the DSLR and all these three independent survey mechanisms evidently points out that there were indeed crops grown in parts of that area like Bhaat, Cashew, Nachane, Udit & Kudit, etc. in the past,” it further says.
The report also says “there is evidence of other ‘agricultural activity’ taking place in the said land in the past and continues even as of now, wherein consequent to the growing of the cashew trees, cashew apples are being picked and juice being extracted thereof by the very same people for ’distillation of liquor’, which has been ascertained and confirmed from the Cashew Zoning & Juice Extraction’ reports obtained from the Office of the Excise Commissioner.”
Further, it says, the existence of cashew plantations on the said land and the conduct of this related agricultural activity is also being duly supported by the ‘crop compensation’ paid to some of the farmers namely, Mr Diego Francis Rodrigues, Mrs Natalina Rodrigues, Mr Agnelo Godinho in survey nos. 2/5, 11/7 and 10/2 respectively of the Tiracol Village, for the damage that had been caused to their crops on account of some unseasonal rain in the year 2008-09.
Further, it says, that part of the land in question was agricultural in nature could also be further supported by the Collector’s Land Acquisition Award of the year 1982 for acquisition of land in parts of survey no. 2, in the Tiracol Village, wherein the Collector had after inspection of the said land/survey number in the presence of the Owners and the Tenants, stated in the said ‘award’ that the nature of land was ‘Bharad’ type which was partly cultivable, partly uncultivable and consisted of cashew trees and plants.
“It may be pertinent to be pointed out here that, this acquisition was pertaining to only one survey number and that ‘Gardens’ were indeed inserted in the Agricultural Tenancy Act by the Fifth Amendment in 1976 and included coconut, arecanut, cashew and mango trees,” says the findings in report.
However, it adds, “It is just incomprehensible to believe that it is a mere co-incidence that, only after the property in question’ was sold by the ‘Colopos’ or Khalaps’ to M/s Leading Hotel Pvt. Ltd in parts from the year November 2007 onwards, that some of the ‘persons who were earlier claiming to be tenants or even declared so have suddenly realised that the entries in the record of rights were erroneous’.”
“One can understand one or two cases but not the whole village and that too not almost at the same time. There is definitely something more than what meets the eye,” the report says.
“It would be but prudent for this Authority to recommend the institution of a ‘full-fledged inquiry”, preferably through a Judicial Officer, with all the powers of the Appellate Court,” the report suggests.
Further, it says “Fixing a time limit for the Court of the Civil Judge to entertain any applications under section 7, 7A, 8, 8A. 10, 11, 12, 14, 18, 18A, 18B, 18C, 18E, 18F, 18G, 18H, 18J and/or 18K of the Goa Agricultural Tenancy Act 1964 is indeed essential and is felt necessary to be looked at once again for re-introduction of the ‘sunset clause’, after weighing all its pros and cons.”
In its conclusion, the Jacques report says, “Goa being a very small State in size and ‘land’ being scare especially agricultural land, the provisions of the Goa Land Use (Regulation) Act needs to enforced with all sincerity, and if any sort of ‘modus operandi’ is allowed to be used clandestinely to subvert the provisions of the Act and also its perpetrators are allowed to go scot free, there is reasonable apprehension that not a single agricultural land will be left in the State of Goa, in the near future.”
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FINDINGS of Jacques report
1. The Land in question’, was indeed ‘Agricultural Land’.
n One can reasonably observe that the old records maintained under the Manual Form I & XIV, (part XIV Crop Cultivation) indicated entries of certain types of crops grown in the area.
n Soil Classification (SLT) Book / Forms maintained by the DSLR and all these three independent’ survey mechanisms evidently points out that there were indeed crops grown in parts of that area like Bhaat, Cashew, Nachane, Udit & Kudit etc. in the past.
n Moreover, there is also evidence of other ‘agricultural activity’ taking place on the said land in the past and continues even as of now. wherein consequent to the growing of the cashew trees, cashew apples are being picked and juice being extracted thereof by the very same people for ’distillation of liquor, which has been ascertained and confirmed from the Cashew Zoning & Juice Extraction’ reports obtained from the Office of the Excise Commissioner.
n This data which has been made available to this Authority is from the year 1993 onwards upto 2015.
n The existence of cashew plantations on the said land and the conduct of this related agricultural activity is also being duly supported by the ‘crop compensation’ paid to some of the farmers.
n That part of the land in question was agricultural in nature could also be further supported by the Collector’s Land Acquisition Award of the year 1982 for acquisition of land in parts of survey no. 2, in the Tiracol Village.
2. Was or is the Land in question Tenanted Land?
n It is seen that an area of 12,18,000 sq. mts. has been sold by the ‘Colopos’ or Khalaps’ to M/s Leading Hotel Pvt. Ltd. The first Deed of Sale took place in November 2007. It has thereafter been seen that ‘Negative Declaration’ Orders have been obtained from the Civil Court and from the Mamlatdar in 134 cases (i.e. 60 cases by Orders of the Mamlatdar & 74 cases by Orders of the Civil Court) for an area of about 7,87,227 sq mts., purely on the basis of admission’ of the opponent’ to the claim of the ‘plaintiff’ or without any resistance.
n It is just incomprehensible to believe that it is a mere co-incidence that, only after the property in question’ was sold by the ‘Colopos’ or Khalaps’ to M/s Leading Hotel Pvt. Ltd in parts from the year November 2007 onwards, that some of the ‘persons who were earlier claiming to be tenants or even declared so have suddenly realised that the entries in the record of rights were erroneous’.
n One can understand one or two cases but not the whole village and that too not almost at the same time. There is definitely something more than what meets the eye.
n Moreover, as many of the cases or issues pertaining to ‘tenancy’ in parts of the very said land and which have been highlighted in this inquiry report are presently pending adjudication before the appellate courts, it would also not be legally appropriate for this Authority to explicitly conclude the tenancy aspect on the whole of this land although certain startling facts have come to light and have also been brought on record in this inquiry report.