Sept 30 – State Cabinet has approved amendment to the Communidade Act restraining use of Communidade land for any purpose other than the one for which it has been granted. CM Pramod Sawant said that henceforth Communidade land will have to be used for the purpose for which it has been granted. “Change of land use will not be permitted. If the land has been granted for House, Education, Industry, Govt Project etc, it will have to be used for that purpose only,”Sawant informed. No authority including the Town & Country Planning Dept, Planning & Development authority, Municipal Council, Village Panchayat, CCP shall issue any permission or clearance or NOC for change of use of the land, asserted Sawant.
The Communidade Act will be amended to this effect through introduction of Article 31 A by the way of amendment to the The Goa Legislative Diploma No. 2070 dated 15-4-196. The amendment will be brought in by the govt through an ordinance which will be further promulgated.
The Cabinet has approved an amendment to the Goa Legislative Diploma No. 2070, dated 15-4-1961, aimed at curbing the misuse of Comunidade land granted for specific purposes. Under the existing provisions, Comunidade land can be allocated through various means such as sale, lease, emphyteusis, or leave and license. However, there have been instances where the land has been used for purposes other than those originally intended, leading to concerns over the preservation of these lands.
To address this issue, a new Article 31-A is being introduced through the proposed amendment. This provision will empower the Administrator of Comunidades to investigate cases where land granted for a specific use has been used for other purposes than originally granted after the passing of this Amendment. Upon detecting unauthorized use, the Administrator will issue a show cause notice to the grantee or individual in possession of the land, allowing them to explain their position. Based on the findings of the inquiry, and after considering all submissions, the Administrator will have the authority to order the reversion of the land back to the Comunidade with the approval of the Government.
To prevent further misuse during the inquiry process, the Administrator of Comunidade will have the authority to issue an order restraining the use of the land for any purpose other than the one it was granted for. Additionally, once such a restraining order is passed, no authority, including the Town and Country Planning Department, Planning and Development Authority, Municipal Council, Village Panchayat, or City of Panaji Corporation, will be permitted to issue any permissions, clearances, approvals, or No Objection Certificates (NOCs) for the land in question.
The proposed amendment underscores the Government’s commitment to preserving Comunidade land and ensuring that its use aligns with the purposes for which it was originally granted.
