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Nightmare on Goa Street: Squatting and Letting
TGF
(The names in this article
have been modified for the purpose of publication. The only
exception is in the reference to a Supreme Court Case 1989)
The late
1960s emigration en masse from Goa resulted from the Bandodkar
Government's policy of preferring nonGoans to Goans for Government posts
in Goa. The Goa civil servants from Delhi, Cochin, Vizag and Mumbai then
brought in their 'coussin brothers and cujjin sisters' who offered to do
more work for less pay. So, even private businesses let Goans go.
Chip by Chip, the Goan-ness of Goa began to dissipate, and Konkani became
a foreign language. Today, if one walks into Dabolim Airport, it would be
quite a miracle if one hears a konkani tune being played. Bhalle Bhalle
Bhalle or some drum roll from Trivandrum will be the first sounds one
hears upon touching down at Dabolim.
Thanks to Bandodkar, however, a good number of Goans went on to the Gulf.
They had enough of him, and left. In the Gulf, under the most inhospitable
conditions, Goans worked hard and saved enough dinars and dirhams to make
life comfortable for their ageing parents in Goa. They otherwise would
have been stranded by the sudden post-1961 increase in the cost of living
associated with the dramatic fall in the quality of their life.
The mass emigration created a vacuum in the villages. The large Goan homes
took on a deserted look. All those rooms and just a few ageing folks.
When the ageing folks passed on, the houses fell vacant. The younger
generation were still in the Gulf. They had good jobs. Jobs which paid
good money. There was no work for them in Goa; not the type which would
pay them the amount they made in Doha, Dharhan or Dubai. Some Goans
returned for a few years, found the place getting filthier and corrupt,
became disillusioned and just took off once again - back to the Gulf.
It looked like a neat idea to rent out a room or two to a Mr. Nair who was
working in Panjim or Mr. Gadbade who was teaching Maths in Margao.
They would look after the house. The house needs someone to live in. At
least those "scouts" who come around the villages posing as salesmen in
the mid afternoons, wouldn't have their eyes on this house etc
And "we would get a couple hundred rupees every month". "When we come down
for Christmas, we can spend it at Cecil's Taverna".
Besides, "Mr. Nair looks like a decent guy. he wont cheat us"
Ah well!
Many a Goemcar has come back and found himself in one of the following
situations:
1. Mr. Nair invited his bother who came with his wife and 3 children.
There also was a 'co-brother" who always dreamed of living in Goa. So they
invited him and his wife, who came with her sister and her sister's
husband etc etc.
House Full! and NO Room in the INN for Amcho Goemcar Pao, who had
come back home for the holidays!
Now the same "very decent Mr. Nair" has hired a guard to look after the
house, and the guard is not allowing Amcho Goemcar Pao to enter.
"Saar, better you jusht shtand right here. Boss is beejee"
Aye Saiba Bogoss!
2. Amcho Goencar's sister's husband has "saablet" the house to Usmaan who
is now operating a Restaurant and Hair Cutting salon from the Dining Room
and Bedroom respectively.
Kitem Korrya re Saiba?
So, Amcho Goemcar Pao goes to see his classmate Jose Filipe de Fernandes e
Couto. Jose Filipe wasn't really a bright fella - but now he was an
Advogado. Many people in the village had advised Amcho Goemcar Pao to see
Advogado Jose Filipe. "Toh Saamko honesht advogado".
As Amcho Goemcar Pao expected, Advogado Jose Filipe was courteous, willing
to help and supremely confident that the "matter would be dealt with in a
matter of weeks".
That was on December 3, 1993. Today is December 21, 2004! Amcho Goemcar
Pao is back from the Gulf - yet again; visiting the chambers of Advogado
Jose Filipe for the 23rd time.
"We have to appeal the matter. You did not get our fax?. You have to pay
another Tten Ttousand rupees before we can proceed" - says Shalini Santa
Rita Cordeiro, the smart office assistant.
Amcho Goemcar Pao asks to speak to Advogado Jose Filipe.
"He is on tour to USA, no?" says Shalini (most pleasantly)
Amcho Goemcar Pao insists that he wants to speak to Advogado Jose Filipe.
To that Shalini tells him (even more pleasantly) " You come in One month's
time. Advogado Jose will be here".
Suffice it to say that this nightmare rarely ends.
3. The
destitute whom you assisted with room and a job (to help out in the house)
has started stealing items and funds from the house. So, the frail old
folks have now started "hiding the keys" to the Godrej cupboard. One
fine day, the old folks are killed by this same person you helped.
Such is life!
Sure, there is a good chance that some Malyali, Hyderabadi or Bihari (etc)
will come and squat in your house - even if you leave it unattended for a
few weeks, but Renting it out is like Gifting it to the new
owner disguised as a Tenant, and Renting out a section of your
house while either you or your parents are in the house, is an
invitation to a serious problem down the road.
And there is an odds-on chance that the squatter will be in a position to
get a fake MultiYear "Occupation certificate" from that Bogus
nonsense called the Panchayat.
Legally speaking, there is a Goa, Daman and Diu Buildings (Lease, Rent and
Eviction) Act, 1968. There is also a Portuguese Civil Code 1867 (Goa,
Daman & Diu).
All this having been said, Once you have someone else living IN your
house or even portion of your house on Rent, Lease or for Free ....
your nightmare has just begun.
You will find it extremely difficult to evict that person from that house.
Several decades will pass, your blood pressure will be sky high and your
bank balance empty - before success is achieved.
A good example of How long a case takes to be settled is this case before
the Supreme Court: Capt. B.V. D'Souza v Antonio Fausto Fernandes.
http://www.supremecourtonline.com/cases/6382.html
BTW: As far as that squatting and land-grab operation at Dabolim is concerned, please don't
hold your breath for an equitable resolution.
TGF
Dec 21, 2004
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