On July 31, 2021, the Goa legislative assembly passed the Bhumiputra Adhikarini Bill 2021, which has been in the eye of controversy in the poll-bound state (due for election in February 2022).
The Bill The bill seeks to provide mechanism to give ownership rights to self-occupied dweller of small housing unit so as to help the owner live with dignity and self-respect and exercise his right. It recognises anyone living in the state for 30 years or more as a ‘Bhumiputra (son of the soil)’ and such a person has the right to own his or her ‘small dwelling unit’ if the ownership was undetermined so far. The designated Bhumiputra, can assert his ownership of the house of not more than 250 sq m, built before April 1, 2019.
The bill also provides for the constitution of the Bhumiputra Adhikarini, a committee comprising the deputy collector as its chairperson and officials from the departments of Town and Country Planning, Forest and Environment, and Mamlatdars of respective talukas as its members. The committee will invite objections within 30 days, including from the land owner which could be a local body, and take a decision about granting ownership to the Bhumiputra. Under the bill, the claimant or Bhumiputra does not get the house for free, instead the ownership of the dwelling unit occupied by the claimant is declared upon payment of an amount equivalent to the value of land calculated at the market rate. The bill also states that within six months from the date new legislation comes into force, Bhumiputra may apply to Bhumiputra Adhikarini in such manner and such form as prescribed along with such documents to prove that dwelling unit has been constructed or has been in existence prior to April 1, 2019.
An appeal against the Bhumiputra Adhikarini’s decision can be filed before the Administrative Tribunal within 30 days. The bill debars all kinds of legal proceedings against the government and its authorised persons. The Bhumiputra Adhikarini and the Administrative Tribunal are given absolute power in deciding the beneficiary and related issues and their decision is final, beyond court’s jurisdiction.
Criticism The Goa legislative assembly passed a total of 11 bills including this bill, in haste without much discussion. The opposition says that the move is an ‘election engineering’ through which the government wants to regularise illegal structures.
According to the government, the new legislation intends to grant house ownership rights to Goans. But in this regard, it needs to be taken into account that thousands of applications filed under Goa, Daman and Diu Mundkars (protection from eviction) Act, 1975; Goa, Daman and Diu Agricultural Tenacity Act, 1964; and Goa Regulation of Unauthorised Construction Act, 2016 are pending with the authorities for a long time.
The bill does not make any distinction between an encroacher or a rent paying tenant or whether the claimant is residing under an agreement of leave and license and/or with the consent of the owner of the land. It is not specified as to whether the house tax by local authority and water and electricity connection should stand in the name of the claimant. It does not even state that whether the so called dwelling unit has to be used only for residential purpose—whether it could be an apartment in the building or a standalone structure in the property.
The move encourages migration and resultant mushrooming of illegal slums adding to the already existing slums in the main cities.
The bill creates a major confusion between ‘origin of a person’ and ‘domicile’. Thirty years domicile can never grant ‘origin’. Some critics opine that the law aims to control migrants, but the marginalised, and the under privileged, and the migrant labour force provide a great service to society. The city state of Goa would come to a halt without interstate migration. They deserve protection and low cost housing schemes in land acquired by the government. Legalising illegal structures and divesting private landowners of their property without acquisition in the manner the bill attempted, can only be seen as a failed attempt for the people to whom the law is meant to serve.
It seems that move intends to please the migrant vote bank ahead of elections rather than the actual ‘Bhumiputras’. In every part of Goa there are slums where the migrants have made their homes for more than 30 years and this bill will benefit them. The migrants now make up at least 45 per cent of the population of Goa. If the Bhumiputra Adhikarini Bill gets the consent of the Governor of Goa and the President of India, then all the slum areas of Goa will get permanent rights over the slum homes the migrants have illegally built on government and private lands. So, the identity of the original Goan tribes and inhabitants are not properly recognised and respected.
Constitutional Stand To become an act, the bill requires presidential assent as it involves the issue of private land. Article 31A of the Constitution of India provides that the laws providing for the acquisition by state of any estate or of any rights therein, or modification of any such rights, shall not be deemed to be void on the ground that it is inconsistent with, or takes away or abridges any of the rights conferred by Article 14 or 19. Article 31A further states that, where such law is a law made by the legislature of a state, the provisions of this Article shall not apply unless such law, having been reserved for the consideration of the president, has received that assent.
The Constitution clearly debars the state acquiring an estate and cultivable lands under possession. It also denies building of structures in these lands. However, it makes provision of compensation not less than market value. In this particular case, the Government of Goa has prescribed 2003 market rate which seems very low in the present context.
Renaming the Bill In the wake of stiff opposition, Chief Minister of Goa, Dr Pramod Sawant has announced to re-introduce the controversial bill in the coming winter session. He stated that the government would delete the word ‘putra’ from the Bhumiputra Adhikarini Bill 2021. As many people have objected to the use of ‘bhumiputra’ in the title of the bill, it will be called the Goa Bhumi Adhikarini Bill.
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