In March this year, the Mapusa Municipal Council issued around 309 show-cause notices to the original leaseholders of the shops and stalls for allegedly subleasing the municipal property to third parties.
Following this action, a large number of shopkeepers from Mapusa Municipal Council market closed their shops and gathered outside Mapusa Municipality office protesting against the show-cause notices issued to them for subletting their shops/kiosks in the market.
Continuing with its action against original lease holders for illegally sub-leasing municipal property to third party in Mapusa municipal market, the Mapusa Municipal Council in June, issued final notice to around 50 lease holders of shops/stalls in the municipal market directing them to vacate the premises within 30 days failing which the municipality will seal the same.
As it can be seen, the tussle between the Mapusa Municipal Council and shop owners in the market premises over sub-letting has been going on for some time now.
However, the fate of many traders occupying shops in the municipal markets hangs in balance as the municipal councils have started issuing show cause notices to them for not renewing the leases and for subletting the shops.
The failure to renew leases has caused revenue loss amounting to crores of rupees as most of the rented shops owners have been paying paltry monthly rent.
The Mapusa municipality has more than 1,000 shops in its jurisdiction, which is the highest across all municipal councils.
The Margao municipality has not renewed lease deeds of over 500 shops for the last 30 years, losing crores of revenue to the cash-strapped council. Surprisingly most of the lease deeds were reported missing from the municipality records.
The situation of the lone Corporation of the City of Panaji (CCP) is such that it is unable to sign leave and licence or lease agreements with the traders since it shifted them in the new building nearly two decades ago.
It all started when RTI activist Jawaharlal Shetye approached the High Court of Bombay at Goa last year.
He sought inquiry against the municipal officials and councillors, who had committed illegalities by permitting lessee to sub-lease so as to remain in possession beyond three years without extension of lease and also by allowing lessee to transfer the leases to their blood relations, in contravention and in violation of Section 88 of Goa Municipalities Act, 1968.
This had caused huge loss of revenue to the Mapusa Municipal Council.
Besides seeking inquiry, Shetye also prayed for eviction of all lessees, who had sub-let their shops and which remained in possession beyond the period three years as well as lessees, who had transferred to their blood relations. The then Mapusa Municipal Council Chief Officer Amitesh Shirvoikar initiated action and issued show cause notices to about 100 traders.
Shetye has however countered it claiming that only 44 traders were issued final eviction notices directing them to vacate the premises within a period of 30 days, failing which the Mapusa Municipal Council will seal the premises.
During the inspection, the municipal officials found that some traders had allowed unauthorised persons to occupy the shop/stall in violation of the Goa Municipalities Act. But during hearings, these traders denied that they had subleased their shops and claimed that those found in the shop were their workers.
Shetye said that filed a Public Interest Litigation (PIL) Writ Petition since the Mapusa Municipal Council was losing revenue. He said that the traders, who had committed illegalities, branded him and his colleague as “Rahu-Ketu” and displayed their posters in the municipal market. It did not stop there as they even staged protests in the market.
He claimed that so far 44 traders were issued final eviction notices under the Goa Public Premises Eviction of Unauthorised Occupiers Act and that this information was given to him under Right To Information (RTI) Act while, after scrutiny, 100 traders were issued notices.
The RTI activist has expressed his surprise at the decision of the Director of Municipal Administration (DMA) granting interim relief to 56 appellants, when the DMA was also one of the respondents.
The Mapusa Merchants Association has been demanding the issuing of an Ordinance by the government to protect the interest of the vendors occupying shops in the market.
The Association is of the opinion that some merchants might have made mistakes but the government and the court need to look into this issue on humanitarian grounds.
According to these merchants, it’s not the issue of just 1,000 merchants but 10,000 families who are dependent on these businesses.
Former Mapusa Merchants Association president, Ashish Shirodkar said that traders have been running shops/stalls in the market for generations. A handful of traders might have committed their mistakes but all traders should not be made to suffer. The government should now bring a one-time solution to the issue, he said while declining to speak further saying that the matter was sub-judice.
Mapusa Merchants Association president Shripad Sawant said that they have been running shops/stalls. He said that the Mapusa chief officer is conducting personal hearings in the matter.
The petitioner’s lawyer Adv Rohit Bras De Sa said, “Director of Municipal Administration has been directed by the High Court to dispose of appeals filed by shop and stall owners and to file compliance reports within the next four weeks before the Court. The Court has also sought to know whether this is the situation existing in all other municipal councils across the State. My client Jawaharlal Shetye approached the Court because action was not forthcoming from the Mapusa municipal council.”
Director of Municipal Administration (DMA) Gurudas Pilarnekar has now fixed hearings on October 20, to dispose of the appeals. He sought more time from the Court to dispose the matters stating he could not dispose the appeals within the time specified on account of Ganesh Chaturthi.
According to the DMA, out of 40 appeals, arguments in 15 appeals have been completed and the cases are reserved for orders while dates have been given in 25 appeals for final arguments.
President of Gandhi Market Traders Association, Margao, Rajendra Ajgaonkar said the shopkeepers are ready to sit with the Margao municipal authorities to resolve the issue, provided it is treated as a new chapter.
According to Ajgaonkar, the traders won’t be unable to pay arrears, if it is demanded by the municipality. He blamed the civic body not being serious in following up on shop lease renewals. The traders are not to be blamed for this situation.
The tenants occupying the newly built Panjim market are not paying rent. There is no revenue from the shops that is why the construction of the third phase of the market could not be taken up.
The shopkeepers do not pay rent as some of them have not signed the agreement from the day the shopkeepers were shifted to the newly built market.
“We have not received revenue for the last 20 years. We will call a meeting of the Market Tenants Association and convince them that till the lease draft is received from the government, they will either sign a leave and licence or lease agreement and go for renewal when it comes up. Conditions will remain the same in both - the leave and licence and the lease agreement,” CCP officials said.