Goa revenue minister discusses ongoing mundkarial cases and legislative protections
Panaji: Revenue minister Atanasio ‘Babush’ Monserrate on Tuesday said that as there is no sunset clause, new mundkarial cases keep coming. He said that since 2022, 2,323 mundkarial cases were disposed of, and 2,408 mundkarial cases are pending in the state.
Chief minister Pramod Sawant said that if some landlords illegally cut water and electricity connections, then mundkars can file police complaints.
Monserrate said that in Oct 2022, a total of 2,845 mundkarial cases were pending in the state and 1,886 new mundkarial cases were filed in the state since Oct 2022.
Fatorda MLA Vijai Sardesai said that as per the reply, there are cases pending which are five and ten years old and demanded action against mamlatdars for not hearing the cases despite there being a clear-cut direction from govt.
Replying to Sardesai, Monserrate said that he will look into the matter. “I will see why they have not acted,” Monserrate said.
Mayem MLA Premendra Shet demanded that govt should amend the Goa, Daman and Diu Mundkars (Protection from Eviction) Act, 1975, to protect the interest of mundkars.
Monserrate said that the act was enacted to safeguard mundkars from eviction and grant them the right to purchase their dwelling houses while providing additional protections related to their residence. It is a comprehensive piece of legislation that addresses and regulates multiple issues related to the mundkar.
“The act acknowledges a mundkar’s right to essential services such as electricity, water supply and customary easements. In cases of claims of customary easements or traditional access, a mundkar must provide evidence of long-standing use,” the revenue minister said.
“Importantly, the bhatkar is prohibited from cutting off, withholding, or interfering with these services without valid justification. If a mundkar’s electricity, water supply, or easement is disrupted, he has six months to seek redressal from a mamlatdar, who, after conducting an inquiry, may pass an appropriate order for restoration,” Monserrate said.
He said that as per Section 5 of the act, if a mundkar fears being wrongfully evicted from its dwelling house by a bhatkar, he can apply to the mamlatdar for protection.
“Upon receiving an application, a mamlatdar will conduct an inquiry. If satisfied that the mundkar has the right to stay, he will issue an order preventing the bhatkar from disturbing the mundkar’s possession unlawfully. If the mundkar can prove that the bhatkar is threatening eviction, the mamlatdar may grant a temporary injunction to stop the bhatkar from evicting or harassing the mundkar until the case is resolved,” Monserrate said.
Chief minister Pramod Sawant said that if some landlords illegally cut water and electricity connections, then mundkars can file police complaints.
Fatorda MLA Vijai Sardesai said that as per the reply, there are cases pending which are five and ten years old and demanded action against mamlatdars for not hearing the cases despite there being a clear-cut direction from govt.
Replying to Sardesai, Monserrate said that he will look into the matter. “I will see why they have not acted,” Monserrate said.
Monserrate said that the act was enacted to safeguard mundkars from eviction and grant them the right to purchase their dwelling houses while providing additional protections related to their residence. It is a comprehensive piece of legislation that addresses and regulates multiple issues related to the mundkar.
“The act acknowledges a mundkar’s right to essential services such as electricity, water supply and customary easements. In cases of claims of customary easements or traditional access, a mundkar must provide evidence of long-standing use,” the revenue minister said.
“Importantly, the bhatkar is prohibited from cutting off, withholding, or interfering with these services without valid justification. If a mundkar’s electricity, water supply, or easement is disrupted, he has six months to seek redressal from a mamlatdar, who, after conducting an inquiry, may pass an appropriate order for restoration,” Monserrate said.
He said that as per Section 5 of the act, if a mundkar fears being wrongfully evicted from its dwelling house by a bhatkar, he can apply to the mamlatdar for protection.
“Upon receiving an application, a mamlatdar will conduct an inquiry. If satisfied that the mundkar has the right to stay, he will issue an order preventing the bhatkar from disturbing the mundkar’s possession unlawfully. If the mundkar can prove that the bhatkar is threatening eviction, the mamlatdar may grant a temporary injunction to stop the bhatkar from evicting or harassing the mundkar until the case is resolved,” Monserrate said.
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