Enactment of a law to prohibit and penalise land grabbing, designating a special court for speedy trials, digitisation of entire record of archives department, and use of blockchain technology — these are some of the recommendations made by a Commission of Inquiry formed by Goa government to probe cases of land grabbing.
In its report, a Commission of Inquiry headed by former Bombay High Court judge Justice V K Jadhav (Retd), recommended a law to prohibit and penalise land grabbing in Goa similar to those enacted by states such as Assam, Andhra Pradesh, Karnataka and Gujarat.
“To prohibit activities of land grabbing, which adversely affect public order, an effective legislation which includes the constitution of the special courts to ensure speedy remedy is necessary,” it said.
The Commission submitted its report to the government on November 1, 2023, and the Cabinet accepted it in January this year. Crucially, last month, the department of law and judiciary wrote to the Registrar General of the Bombay High Court stating that the Goa government has approved a proposal to designate a special court to prosecute cases investigated by the Special Investigation Team (SIT) on land grabbing. In the letter, the government requested that “the proposal be placed before the chief justice of the Bombay High Court for his concurrence for designating a special court to prosecute cases investigated by SIT, enabling the state government to issue the necessary notification”.
In the report, the Commission said for an application of the principle of unclaimed property and doctrine of escheat in Goa, extensive research is required.
“During the course of inquiry, the Commission has noticed that the accused persons/offenders/conspirators initially identified the properties that are vacant and unattended. Thus, by application of the aforesaid principle, the care can be taken of the said abandoned property to prevent fraud and forgery. The intestate estate can be acquired by the government, by application of the doctrine of escheat. In application of both the principles as above, the property can be restored to its original owner subject to the period of limitation as may be prescribed,” it said.
In August, the government passed the Goa Escheats, Forfeiture and Bona Vacantia Bill 2024, which provides for the government to take over properties of the people who die without a legal heir or abandoned properties having no rightful owner. Goa chief minister Pramod Sawant had said the Bill was introduced on the basis of recommendations of the Commission’s report.
The Commission said digitisation of the entire record of the archives department has to be done as a priority to reduce the interaction of the public with the staff and to reduce corruption.
“Qualified staff is required to be appointed on priority basis in the Archives department having knowledge or acquainted with Portuguese language. The department of archives shall maintain the record handler register which contains the name of the employee who handled the record and the particulars about the date of handling, time and purpose,” it said.
Meanwhile, citing the Commission’s observations on how some individuals acted “cleverly behind the curtain using others as mere pawns” in the alleged land grabbing scam, Goa Forward Party chief Vijai Sardesai said the government was shielding and protecting the real culprits.
“This scam is not just about stolen land. It is about stealing Goa itself from Goans,” he told The Indian Express. Sardesai demanded immediate action to identify and prosecute those named and implicated in the Commission’s findings, stating that it is the duty of the government to protect Goans’ rights and heritage.
Amit Patkar, president of the Goa Pradesh Congress Committee, however, called the SIT “an eye-wash”.
“The fact that the king-pins were able to forge sale deeds and sell properties, with the connivance of staff of Archives department and mamlatdar…shows the extent of corruption involved,” he said.