Introduction:
Alvara lands in Goa, rooted in the Portuguese colonial era, continue to present a complex legal landscape. Recent directives by the Goa Government, instructing Mamlatdars to include the State’s name in revenue records related to these lands, have reignited discussions on ownership, transferability, and historical significance of Alvara properties. This article delves into the legal framework governing Alvara lands, tracing their evolution from colonial times through post-liberation reforms, and analyses the implications of current administrative decisions on residents and landholders.
Historical background: The Portuguese colonial framework:
Under Portuguese colonial rule, land management in Goa was governed by a unique system distinct from the rest of India. Alvara lands were granted by the Portuguese administration under provisional titles, often referred to as Alvarás. These grants were typically issued for agricultural purposes, with specific conditions attached regarding the land's use and occupation. While Alvara holders enjoyed possession and use rights, these lands technically remained under the Crown's ownership, creating a nuanced legal status that blurred the lines between ownership and tenancy.
The colonial regime’s legal framework did not always formalise land titles comprehensively. As a result, after Goa’s liberation in 1961, many landholders continued to occupy Alvara lands without formal ownership rights, leading to legal ambiguities that persist to this day.
Post-liberation impact: The Goa, Daman and Diu (Administration) Act, 1965:
Following Goa's annexation, the Goa, Daman and Diu (Administration) Act, 1965, was enacted to transition the territory's legal and administrative systems from Portuguese to Indian governance. However, the Act retained several Portuguese land laws until new legislation could be framed. This partial legal continuity meant that Alvara lands remained under a dual legal heritage—Portuguese grants with Indian administrative oversight.
The Act did not specifically address the conversion of Alvara titles into formal ownership, leaving many landholders in a state of legal uncertainty. This ambiguity has led to disputes over ownership, inheritance, and the right to sell or transfer such properties, issues that are particularly relevant in the context of recent government actions.
Administrative procedures: The Citizen's Charter and Alvara Grants:
The procedure for seeking grants or recognising rights over Alvara lands is outlined in the Citizen's Charter of the Collectorates in Goa. According to the charter, the application process for recognition or mutation of Alvara lands involves several critical steps:
1. Submission of documents:
Applicants must provide Form I & XIV (reflecting current land records), sale deeds (if applicable), possession certificates, and proof of continuous occupation. Additional documentation includes No Objection Certificates (NOCs) and affidavits where required.
2. Verification by Talathi:
The local Talathi verifies the submitted documents and conducts site inspections to ensure the land's use aligns with the conditions under which the Alvará was originally granted.
3. Public notice for objections:
A public notice is issued to allow objections from any interested parties. This step ensures transparency and helps prevent disputes.
4. Final certification by revenue authorities:
Once all verifications are complete, and no objections are raised, the Mamlatdar certifies the application. The entire process typically takes between 30 to 45 days, depending on the complexity of the case.
Despite procedural clarity, historical complexities and incomplete documentation often delay the recognition of Alvara land rights. The Mamlatdar's role in adjudicating such cases involves navigating both Portuguese legal principles and Indian revenue laws, making it a challenging administrative process.
Socio-legal impact on Goan families:
For many Goan families, Alvara lands represent more than mere property; they symbolise resilience and continuity through colonial and post-liberation eras. Descendants of families who endured Portuguese rule often rely on these lands for agricultural livelihoods or as ancestral properties passed down through generations.
The inability to secure clear ownership rights has posed significant challenges. Families are frequently unable to leverage these lands for financial purposes, such as obtaining loans or engaging in real estate transactions. Moreover, disputes among heirs and with government authorities over Alvara lands have contributed to legal entanglements that strain familial and community relationships.
Legal interpretation under the Goa Land Revenue Code, 1968:
The Goa Land Revenue Code, 1968, aimed to consolidate and simplify land revenue laws in the state. However, its interpretation of Alvara lands remains contentious. The Code recognises various forms of land tenure but does not explicitly resolve the status of Alvara properties. Consequently, these lands are often treated as government property unless clear evidence of ownership can be established.
Under the Code, any land not formally granted or owned is presumed to belong to the government, providing a legal basis for recent directives to include the State’s name in revenue records. This interpretation has sparked debates about the government’s intentions and the potential impact on landholders’ rights.
Recent Government directives: A shift in land policy?
The Goa Government's recent move to direct Mamlatdars to include the State’s name in revenue entries concerning Alvara lands marks a significant shift in land administration policy. This decision raises two critical inferences regarding the State's motivations.
Firstly, this move could be seen as an attempt to reassert government control over lands with ambiguous ownership. By including the State's name in revenue records, the government effectively strengthens its legal claim over these properties, potentially limiting the rights of individual landholders to sell or transfer their lands without state approval.
Secondly, there is a plausible correlation between this directive and efforts to curb the sale of Alvara lands to non-Goans, such as residents from Delhi and other parts of India. The growing demand for real estate in Goa has led to an influx of external buyers, raising concerns about the erosion of local land ownership and cultural identity. By tightening control over Alvara lands, the government may be seeking to protect Goan heritage and prevent speculative land acquisitions by outsiders.
Conclusion:
Alvara lands in Goa continue to embody the legal and historical complexities of the region’s colonial past and post-liberation governance. The recent government directives to assert state ownership in revenue records reflect broader concerns about land control, ownership rights, and cultural preservation. While these measures may protect Goan heritage, they also risk disenfranchising long-standing landholders and complicating the legal landscape further.
The need for clear, consistent policies that balance the rights of landholders with the state's interest in managing land resources remains critical. As the legal framework continues to evolve, the stories of Alvara landholders serve as a poignant reminder of Goa’s unique historical journey and the enduring impact of its colonial legacy on present-day governance.
