Community living is not dead in Goa despite attempts by some within the system, and many from outside, trying to bite more than they can chew. This came to the fore in two recent judgments of the Goa bench of the High Court of Bombay at Goa.
Community living stems from comunidade – a system that was enshrined thousands of years ago by our ancestors who understood that living is about sharing and caring through proper usage of land and other natural resources.
In recent times, Comunidade land started getting misused by the very persons who were to be custodians of the land, acting on behalf of and for the benefit of all gaunkars. With complaints falling on deaf ears, the courts were petitioned as that was the only available option.
The recent judgment of the High Court of Bombay at Goa in Writ Petition No 347 of 2023 of Dr Fenton De Souza and Trevor Mascarenhas is not a win against Sunburn or Steve D’Souza, but a boost to gaunkars across Goa who have for long been ignored by the members of the managing committees.
In recent times, Comunidade land started getting misused by the very persons who were to be custodians of the land
The general body is supreme in all Comunidades, and the decisions taken at these meetings need to be put into effect by members of the managing committee, yet at most times, this is just not being done.
The recent High Court judgment clearly spells out that the decision of the general body is supreme and that it cannot be overruled, unless by another decision of another general body.
There have been instances, and they are many, wherein the managing committees take decisions, but as of late, even the administrators seem to be in the mode of usurping the rights of gaunkars for their own financial gains at the cost of others.
Dr Fenton and Trevor had to approach the High Court because the land of their Comunidade in Anjuna was being leased out to organisers of Sunburn and Rider Mania – the Enfield show – at rates contrary to what was decided by the general body and that too below the market value.
Dr Fenton and Trevor had to approach the High Court because the land of their Comunidade in Anjuna was being leased out at rates contrary to what was decided by the general body and that too below the market value
The modus operandi was simple. The general body met and fixed a rate and then the buddies of the organisers would cohabit with members of the managing committee and the administrator and reduce the price – more than half of what was quoted – thus leaving the gaunkars as losers.
The money collected by only leasing the land is shared by all gaunkars and shareholders – in whichever Comunidade applicable – at the end of the year and this share is called a ‘zonn’. For instance, each gaunkar of Chicalim Comunidade got a zonn of over Rs 75,000 last year!
So, the more the amount collected by each Comunidade, the bigger is the zonn each gaunkar gets and therein stems the system of sharing.
Unfortunately, many organisers, prefer to meet members of the managing committee to settle rates illegally, thus benefitting just a handful at the cost of all, and the recent judgment attempts to redress this wrong.
The Division Bench held that “the beauty of Comunidades lies in the system of administration (governance)
The Division Bench held that “the beauty of Comunidades lies in the system of administration (governance). Thus, though the Comunidades are legalized and their activities codified, it had a tool by which they could survive in posterity.” This is part of the judgment, which clearly indicates the aura around the system passed on to us by our ancestors.
The irony of it all is that the judges of the High Court could see the ‘beauty’ of the system that many of its own members are unable to see and it now needs protection from the courts.
The role of the government has always been of protecting this institution but through the years this has been forgotten because till date, the Comunidade owns most land in Goa and everyone – read outsiders – are in a hurry to grab, whichever way that may be.
The irony of it all is that the judges of the High Court could see the ‘beauty’ of the system that many of its own members
However, WP 347 of 2023 has shown that in Dr Fenton and Trevor good gaunkars still exist; in Nigel Costa Frias honest advocacy prevails; and when everything else fails, the High Court stands tall.
