Panaji Court Ruling Upholds Agricultural Land Protection in Goa
In a significant ruling that reinforces the legal sanctity of Goa’s agricultural land, the Supreme Court has upheld the provisions of the Goa Agricultural Tenancy Act, 1964, clarifying that land leased for farming cannot be diverted for any non-agricultural use. The decision comes amid heightened public concern over the future of comunidade lands, especially as the government prepares to table a bill aimed at regularising unauthorised constructions on such lands—triggering opposition from stakeholders and civil society groups across the state.
The apex court’s verdict involved a long-standing tenancy dispute over agricultural land in Tivim, Bardez, where the land, leased in 1978 by a comunidade to tenant farmers, was subject to a proposed compromise that would have converted tenancy into partial ownership with non-agricultural usage rights. Rejecting this, the court stated that such arrangements violate both the Tenancy Act and the Goa Land Use Regulation Act, 1991. The bench emphasised that any change in land use must follow legal procedures including price fixation and ownership transfer protocols under Chapter IIA of the Act—none of which were observed in this case. This judicial stance comes as a parallel debate over a forthcoming regularisation bill continues to escalate. The draft legislation, which has not yet been made public, is feared to override the decision-making powers of comunidades—centuries-old collective landholding bodies governed under the Code of Comunidades.
According to activists, the proposed law could bypass general bodies of these comunidades, handing over authority to administrators and facilitating legal cover for illegal structures on their land. This has sparked coordinated opposition, with 71 managing committees from across Goa uniting under a legal and civic resistance campaign. Opponents argue that such a law rewards encroachers at the cost of legitimate community stakeholders, erodes land-use regulations, and defies recent High Court and Supreme Court rulings. While government officials claim the bill will follow due legal process and prevent mass demolitions of longstanding homes, critics see it as a pre-election manoeuvre designed to appease vote banks while undermining institutional safeguards. Legal experts and community leaders warn that any legislation that seeks to dilute or override judicial precedent will face immediate challenges in court.
The Supreme Court’s verdict has arrived at a critical juncture. With pending tenancy and land encroachment cases still under review in lower courts, the judgement sets a strong legal precedent reinforcing that agricultural land, once tenanted, cannot be repurposed without following established legal mechanisms. It also affirms the role of the Administrative Tribunal in refusing compromise deals that contravene other state laws, sending a clear message that community-led governance structures cannot be legislatively side-stepped without risking judicial invalidation. As the Assembly prepares to open its monsoon session, the upcoming debates over land reform and encroachment regularisation are likely to test the balance between urban housing needs and environmental and legal stewardship.
