for the knowledge of the public.
On the land admeasuring 50 m2 surveyed under Chalta
Nos 257 (11m2), 258 (31m2), and 259 (8m2) of PTS 238
,recorded in Book No:24 of City Survey Margao Salcete
there is a small chapel "Capelinha de Santas Almas"
or little chapel of Holy Souls" managed by "Confre da
Fabrica da Capela (now Igreja ) da Nossa Senhora da
Graca de Margao" .
The Chapel is located on Francisco Luis Gomes Road
commonly known as Old Station Road, near Afonso de
Albuquerque Market, New Market Margao Salcete Goa
It is bounded on the East by shop of Ananta Xete
Quessoncar,on the West by Municipal road No.8, on
South by cross road (esquina) or municipal passage on
North by Municipal road.
The land is not registered in the Land Registration
Office, but enrolled in Land Revenue Office under
Matriz Number 48 & 61.
The " loja No. 01" EXCLUDING verandah and passage on
the eastern side was vide agreement of lease dated
01.02.1956 granted on lease for a period of 3 years to
one RAMA GANESSA NAIQUE (alias Rama Ganesh Naik) on an
annual rent of Rs 182 payable in monthly instalments
to carry out the business of frames and glasses.
Some of the relevant clauses enumerated below are
clause 03 ; the lessee shall not sublet the area or
renounce any rights which may have accrued under the
Decree No:49 dated 22.7.1913;
clause 06 : the lessee shall not carry out in the
area any improvements, nor bore any holes on its
walls, without the written consent of the lessor:
clause 07 : the improvements or works which the lesee
may voluntarily make and without consent of the first
party, shall not be removed by the lessee and shall
belong to the lessor except those which are not fixed
on the walls or can be removed without any damage;
clause 09: the lessee shall not place in the verandah
passages or places which lie between the doors, boxes,
cupboards or tables for the sale tobacco cigarretes
pipes cigars or other articles , and in case he wishes
he shall obtain permission and also pay another Rupees
three per month;
clause 11: One Prabacar Voicunto Sinai Edo ( alias
Prabhakar Voikunth Sinai Hede) stood as surety and
principal payer for the security of the conditions
stipulated in the present contract;
Finally it is also agreed that the rent fixed shall
be amended in harmony with the final decision of the
valuation which is being applied for in terms of para
3 of Art 20 of the Diploma No: 1409 dated 14.2.1952.
The agreement is made on loose sheets without the
stamp duty as the lessor are exempted from it in terms
of Art 6 ot the Concordata and of Art 11 of the
Missionary Agreement between the Holy See and Portugal
The above lease agreement was thereafter renewed from
time to time.
It is not known whether on the name of Rama Ganessa
The date of death of original lessee Rama Ganessa
Naique (alias Rama Ganesh Naik ) is also not on
record nor are the names of his legal heirs .
However on 25.1.1967 a Deed of extension of lease
for another three years (earlier one expired on
31.12.1966) was signed by :
an ALLEGED legal heir of the lessor RAMA GANESSA
NAIQUE (alias Rama Ganesh Naik) viz one Chandrakant
Babu Naique son of Babu Naique (Babu Naik) resident of
H.No: 75 Near Metropole for the same loja No:1 but on
a monthly rent of Rs.20/- The present occupants viz:
Ramdas, Vijay and Vinay are sons on Chandrakant Babu
Also vide similar agreements dated 25.1.1967,loja No;
2 (West) was leased to Mr. Gangaram Sonaili, to
Shantaram Santu Redkar, verandah (North) and Ramdas
Vaman Falari shop undescribed (?)
Later vide agreement dated 18.6.1981 Verandah on west
was leased to Barnabe George .
On 19.11.1989 on the penultimate day of campaigning
for the Goa Legislative Assembly elections there was a
fire in the chapel and all (except loja No 1 )
surrounding tenements were partially or considerably
destroyed leaving no scope for conduct of business as
per situation ante.
Reconstruction and rehabilitation was necessary but
before the plans were drawn one Shantaram Santu Redkar
occupying verandah North,commenced repairs without
permission of the Cofre of Fabrica de Capela (now
Igreja) da Nossa Senhora de Graca.
Apprehending that others would follow a regular civil
suit No:273/89/D was filed in the Court of Civil Judge
Junior Division at Margao by the Confre (lessor) for
permanent injunction restraining all the occupants
from carrying out any repairs without their consent
However the issue was resolved under "Consent terms"
20.12.1989 that in lieu of the lessees agreeing to
carry out the repairs themselves in accordance with
the plan and directions of the Confre without the
right to any of the structures: the rent paid by
them was enhanced to Rs. 260/- per month
That fresh agreements were to be executed within ten
days of the Consent terms i.e. by 31.12.1989 on
earlier terms but with enhanced rent and that in the
event the Confre decides to construct a new storied
buiding in the premises after next two years i.e. by
20.12.1991 the lessees would vacate the same but
offered premises of identical area in the new complex
on enhanced rent .
In 1997 it was noted by the Confre (lessor) that the
lessee of loja No1 had without permission of both
lessee and municipal authorities
" constructed two walls on the verandah of the premise
admeasuring 0.60 mts length and 2.20 mts height and
fixed a rolling shutter to the said walls and also
converted the verandah into a room. That a table was
placed on the road side outside the premises and sold
lottery tickets "
He was then following a complaint from the Parish
Priest asked by the then Chief Officer Mr. K. A.
Satardekar vide Margao Municipal Council letter
No:1/344/96-TECH/Illegal/345 dated 25.2.1997 to show
cause notice under section 184 and 193 of Goa
Municipalities Act 1968 why action deemed fit
including demolition should not be effected.
There was also a direction to the Market Inspector to
take action and remove the table with the lotteries
from the road side ( passage used for assembly of
venerating near the chapel) and stop such business
being carried out outside the premises.
On a letter dated 5.5.1997 by Parish Priest to CO
MMC.. The unauthorised structures were demolished.
However each time the same was reconstructed by the
In the Chapel religious activities like ragular
prayers, visits, lighting of candles "ladainah" are
carried out by the business community and other
The lessee continued to obstruct the passage made free
by MMC for the faithful to have acess to the
several letters from the Parish Priest of Our Lady of
Grace Church to both CO Margao MUNICIPAL Council ,
10.12.1997 11.12.1997 25.03.1998 ending with a plea
on 11.7.1998 by the lessor, before the High Court of
Judicature of Bombay Panaji Bench to remove the
illegalities within the precincts of the Chapel
following a similar order in Writ Petition 148/97 to
all Municipalities to remove illegal encroachments in
the in public places and on road widening areas.
The Margao Municipal Council issued a show cause
notice dated 25.2.1997 since no reply was forthcoming
the illegal construction of walls and the rolling
shutters were demolished by the High Court order on
A footpath and a front verandah were left open for
However this part was covered with a wall and a
Following a visit of the lessor the Parish Priest of
the Our lady of Grace Church, on 4.8.2000 the lesee
viz sons of late Chandrakant Babu Naik) filed a Civil
Miscellaneous Application for temporary injunction
before the Civil Judge Division Margao directing the
Hounourable Court to ensure that the lessor should
REFRAIN from entering the premises of the lessee or
evicting them other than by due process of law and to
avoid causing any kind of damage to goods displayed in
the premises which includes the verandah and passage .
It was the contention of the lessee that after the
death of their father late Chandrakant Babu Naik
on 18.4.1996 the present lessees were carrying out the
business of fixing of frames for photographs pictures
etc sale of lotteries . That the rent payable during
th Portuguese regime was Rs.20/- but subsequent to the
fire in November 1989 the same was enhanced to Rs.260
plus Municipal tax of Rs.22/- after due permission was
granted by the lessor. That they have been paying the
revised rent regularly and not in arrears of any
amount due to the lessor.
That in view of this the lessee are entitled for
eviction only under the provisions of the Goa Daman &
Diu Buildings (Lease Rent and Eviction) Control Act.
However the Confre provided evidence that The Form S.T
IV certificate of Registration for a dealer states
that business is only for manufacturing Retail/Resale
of "glasses & mirrors sheets" and that he keeps one
wearhouse Behind Miranda Hospital for the manufacture
for sale of "photo frames" as on 26.7.1996.
A separate notice No:1/33/2000-TECH/Illegal/1010 dated
24.8.2000 was issued by Chief Officer Margao
Municipal Council stating that following inspection on
10/8/2000 it was found that the verandah which is
expected to be a through passage for movement has been
enclosed by constructing a wall and making a room
admeasuring 2.60 m x 1.80 m wide with plywood door.
At present activity of trading of lotteries with the
said space of verandah. That the illegal encroachment
is being carried out without obtaining prior
permission of this office which is in contravention of
section 184 of the Goa Municipalities Act 1968 .
Hence to show cause why the same should not be
Besides the Civil Miscellaneous Application
No:515/2000/E suit for temporary injuction restraining
the lessor from interfering in the suit property the
Regular Civil Suit No 213/2000/E was awaiting
In the absence of the lessee being unable to provide
the details of actual premises leased out the above
suit for temporary injunction was dismissed.
Yet vide another Notice No:1/22/2000-TECH/Illegal/1507
dated 1st November, 2000 the lessee was called to
adduce evidence on 17/11/2000 before the Chief Officer
MMC. Finally following a letter dated 24.9.2002 and
7.1.2002 from the lessor to the Chief Officer Officer
vide letter MMC/TECH/F-109/2002-03/3385 dated
"that the passage (verandah) in front of the Chapel
Santas Almas is occupied by the shopkeepers and the
Church is accepting rent from the occupiers . For
any construction being made in the passage you may
approach the Renmt Controller."
The lessor denied this in his letter dated 23.1.2003
but the Chief Officer is silent till date.
Following a public outcry and representattions made
the Collector South Goa District inspected the site
and his observations noted.
The lessee however continues to have restored the
illegal structures and converted it into a full
fledged shop and continues the sale of lotteries in
the premises unauthorisedly.
The moot question is how come the Municipal
authorities who themselves have noted the violations
on several ocassions allowed the structure to
Is there a political interest ? or is this issue used
to stir up emotional sentiments and create a communal
The MLA Margao has been given a representation on this
Will the authorities please advise the course of
action to be followed in a democratic set-up.
To tourists visiting the commercial and cultural
centre of Margao city it is disgusting to see the
edifice of the Chapel being surrounded by cobblers
shop garment store and now illegal vending of
lotteries.in utter disregard to religious sentiments.
It would be advisable if the Hon'ble Urban Development
Minister and thrice elected MLA from Margao Digamber
Kamat who has otherwise been instrumental in upgrading
the St Sebastian Chapel at Aquem into a Church
providing land for a cemetry to the people of Aquem
and now aspiring to have a separate cemetry for the
parishioners of Our Lady of Grace Church to see that
the illegal structures are demolished.
Further it would be advisable to work out an amicable
settlement with the present occupants to shift all the
premises in the vicinity of the Chapel and relocate it
elsewhere. This is not beyond the capacity of the MLA
and the parishioners would be grateful to such an
Alternatively the Goa Government and well meaning
citizens of Goa both within and settled outside could
suggest a way out in restoring the sanctity of the
Chapel as a place of worship respecting the emotional
sentiments of the faithful.
godfrey j. i. gonsalves
borda - margao goa
Missed your favourite TV serial last night? Try the new, Yahoo! TV.