Sunday 1 July 2012

REPORT ON O HERALD: DT. 13 JUNE, 2012

Row over ‘ new church’ at Quepem reaches Archbishop’s house
TEAM HERALD teamherald@ herald- goa. com
PANJIM: A group of parishioners from Quepem town descended on the Archbishop’s house at Altinho Panjim, protesting the local parish priest’s plans to build a new church just 100 metres away from the existing Quepem parish church.

They have instead decided that either the present Church to be extended or the new church be built in the same place as this Church.

“ We have come here to express our displeasure and object to the construction of the second church adjacent to the existing church which the Parish Priest Fr Mario Vaz is planning to construct without taking the parishioners into confidence,” those who arrived at the Archbishop’s house said.

However, while the parishioners had come to meet the Archbishop they had to be content with meeting the Secretary of the Archbishop Fr Joaquim Loyola Pereira and Chancellor of the Diocese Fr Manuel Gomes.
They said that while in 2002- 03 there was a consensus to extend the present church, in the year 2008 85% of the parishioners decided that they want the new church at the same place or extension of the same church.
However, villagers say that the parish priest made an announcement during Sunday Mass, quoting ‘ experts’ to say that it would be better to construct a new Church building adjacent to the existing Church, which is the cause of the trouble.

The Parishioners questioned Fr Loiola saying, “ If the decision regarding the Quepem Church is based on the experts’ opinion then why it is hidden from the parishioners?” They said that they suspect something fishy in the moves of all the concerned persons.

Fr Loyola and Fr Manuel Gomes told the parishioners that they have not given any instructions to the parish priest where to build the new church, but the instructions are given to identify the place by taking the other bodies of the church including the parishioners at large into confidence.

They stated that they have not received anything in that regard from the parish priest.
They also assured the parishioners that the Fabrica, PPC and parishioners will have to take all the decisions and then it has to be submitted to them for further processing.

We have come here to express our displeasure and object to the construction of the second church adjacent to the existing church which the Parish Priest Fr Mario Vaz is planning to construct without taking the parishioners into confidence.
-- Parishioners express displeasure

A REPORT IN TOI: DT: 13 JUNE, 2012

Aggrieved over being kept in the dark over the plan of constructing a new church, the parishioners marched to the Bishop's Palace, Altinho, Panaji on 11th June, 2012

Quepem parishioners say no to new church

TNN Jun 13, 2012, 03.42AM IST
MARGAO: The proposed construction of a new church in Quepem, adjacent to the existing one, has caused concern among some parishioners. The parishioners are of the view that either the new church be constructed on the land where the current church stands or structural modification/extension be carried out to the existing church to meet the requirements of a more spacious premises.

Aggrieved over being kept in the dark over the plan of constructing a new church, the parishioners marched to the Bishop's Palace, Altinho, Panaji, on Monday to voice their objections. Though they were unable to get an audience with the archbishop, Filipe Neri Ferrao, the parishioners placed their objections before the secretary of the archbishop, Fr Joaquim Loyola Periera and secretariat of fabrica/confrarias Fr Manuel Gomes.

The parishioners were assured that the parish priest, Fr Mario Vaz, would be asked to take them into confidence before identifying a place for the construction of the new church.

Speaking to TOI, writer and parishioner of the Quepem church Walter Menezes said that the parishioners were unanimous in their view that there should not be two churches in Quepem.

"In a meeting of the parishioners with the bishop held on January 25, 2011, it was agreed that a committee be formed consisting of parishioners, church authorities and experts to conduct a 'de novo' (fresh) exercise of going into the merits and demerits of the construction of the new church. However, though the names of some four parishioners were also specified, for reasons best known to the church authorities and the parish priest, the committee has not been constituted till date," Menezes said.

Former chairperson of the Quepem Municipal Council (QMC) Raul Pereira said, "We need a new church, but in the very place where the one now stands. The requirement of accommodating a larger gathering in the premises can be served by carrying out structural modification and extension of the existing church, while the adjacent land can be developed for parking space," Pereira said. Vaz, when contacted, declined to comments on the issue.

Saturday 30 June 2012

QUEPEM CHURCH: SHADOWS OF LEGAL IMPEDIMENTS

MAIN ALTAR OF HOLY CROSS CHURCH OF QUEPEM



DISPUTED SITE STAYED IN VIEW OF THE DIRECTIONS GIVEN IN WRIT PETITION NO.71 OF 2000 PRESENTLY USED FOR PARKING VEHICLES OF THE FAITHFUL
IF THE NEW CHURCH IS BUILT AT THIS PLACE WHERE IS THE PARKING FOR THE FUTURE?

NEEDS OF THE PARISHIONERS INCLUDING THE YOUTH (OVER 900 AT PRESENT BETWEEN AGE GROUP OF 18 TO 24) WHERE THE PARISH PRIEST IS TRYING TO IMPOSE A SECOND CHURCH ON THE QUEPEM PARISHIONERS AT A DISTANCE OF 30 METRES FROM THE EXISTING CHURCH

STAY ORDER PASSED BY THE DY. COLLECTOR QUEPEM IN LAND CONVERSION 2000 ON  10TH JULY, 2000.

REVIEW APPLICATION FILED BY THE PARISH PRIEST TO RECALL THE ABOVE ORDER DISMISSED BY THE ADDL. COLLECTOR, SOUTH GOA, MARGAO IN CASE NO. AC-1/SG/COMB/26/2011 ON 15TH MARCH, 2012.

OWNERS NAME DELETED BY FILING APPLICATION UNDER SECTION 103 WHICH IS FOR CORRECTION OF ERRORS  WHEN THE OWNER LEASED THE PROPERTY TO FABRICA DE IGREJA DE QUEPEM VIDE DEED OF PERPETUAL LEASE DATED 16TH JANURAY, 1987 WITH CONDITION NO. D THE LESSEE IS ALLOWED TO MORTGAGE THE PORTION OF THE LAND HEREBY LEASED ALONGWITH STRUCTURE, BUILDING ETC STANDING THEREON TO ANY BANKS OR FINANCING AGENCIES FOR THE PURPOSE OF DEVELOPMENT AND RAISING INCOME TO THE CHURCH.

QUESTION 1. CAN A CHURCH BE MORTGAGED FOR RAISING INCOME TO ANOTHER CHURCH ?

CONDITION NO. F: THE LESSEE IS FREE TO OBTAIN CONVERSION OF THE PORTION OF THE LAND FROM THE COLLECTOR OF GOA AND UNDERTAKE CONSTRUCTION OF COMMERCIAL BUILDING OR ANY OTHER PROJECT FOR THE BENEFIT OF THE LESSEE

QUESTION 2 : IS CHURCH A COMMERCIAL PROJECT ?

CAN ONE CHURCH BE CONSTRUCTED FOR THE BENEFIT OF THE OTHER CHURCH ? THE CONVERSION OF LAND IS APPLIED BY FR. MARIO VAZ IN HIS INDIVIDUAL CAPACITY AS THE NAME OF FABRICA DE IGREJA DE QUEPEM IS  NOT MENTIONED ANYWHERE IN THE
APPLICATION FOR REQUEST FOR CONVERSION DATED 4TH MAY 2012.

THE ENTIRE PROPERTY ADMEASURING AN AREA OF 3,689 BEARING SURVEY NO.40/1 TO 40/20 IS ALREADY ACCORDED FINAL APPROVAL FOR THE CHANGE OF USE OPF ZONE FROM SETTLEMENT TO COMMERCIAL ZONE IN THE ZONNING PLAN OF QUEPEM VIDE GOVERNMENT LETTER NO.4-5-95-RD DATED 9/2/1995 AND CONVEYED TO THE PRESIDENT OF FABRICA DE IGREJA DE QUEPEM VIDE LETTER DATED 2/3/1995 BY THE CHIEF TOWN PLANNER N. PANDALAI WITH COPY TO THE JUNIOR TOWN PLANNER QUEPEM.

THIS LAND ATTRACTS THE DIRECTIONS GIVEN IN  WRIT PETITION NO.71/2000 168/2000 WHICH DIRECTED THE REVENUE OFFICIALS TO STOP ALL THE CONSTRUCTIONS WHICH ARE GOING ON AND/OR IN RESPECT OF WHICH PERMISSIONS HAVE BEEN GIVEN WHERIN THE SURVEY RECORDS AS ON 2ND NOVEMBER 1990 SHOWED NAME OF THE TENANT(S) OR CO-TENANTS UNTIL FURTHER ORDERS OF THIS COURT. IT IS ALSO HELD IN THAT MATTER "IT IS NOT A MATTER OF CONSENT ARRANGEMENT BETWEEN THE TENANT ON ONE HAND AND HIS ERSTWHILE LANDLORD ON THE OTHER". IN THE SAID MATTER THE NAMES OF THE TENANTS WERE DELETED WITHOUT THE KNOWLEDGE OF THE LANDLORD AS THE LANDLORD WAS NOT MADE A PARTY AT ALL TO THE PROCEEDINGS BEFORE THE DY. COLLECTOR, QUEPEM FOR CORRECTION OF SURVEY RECORDS UNDER SECTION 103 OF LAND REVENUE CODE. AS PER GOVT. DIRECTIVES THE LAW DEPARTMENT SUBMITS THAT SUCH CASES DO NOT COME UNDER THE AMBIT OF CLERICAL ERROR. IF SO DISIRED, THE PARTY IN QUESTION, HAS TO FILE A CIVIL SUIT FOR DELETION OF ENTRIES IN THE RECORDS OF RIGHTS.

IN THE PRESENT CASE STAY ORDER WAS PASSED ON 10TH JULY, 2000 AND REVIEW APPLICATION WAS DISMISSED ON 15TH MARCH, 2012 HENCE THE ABOVE ORDERS ATTAINED FINALITY.

THE TENANTS NAMES FROM THE TENANT COLUMN ARE ALSO DELETED  IN THE PROCEEDINGS UNDER SECTION 103 OF LAND REVENUE CODE  IN A  MECHANICAL  MANNER MERELY  TAKING AN AFFIDAVIT FROM THE TENANTS.  NO FORMAL INQUIREIS ARE CONDUCTED REGARDING THE ASPECT OF RELATIONSHIP OF LANDLORD AND TENANT, NOR CONDUCTED ANY  INDEPENDENT INQUIRIES SO AS TO ASCERTAIN WHETHER THE PROCEEDINGS INITIATED UNDER SECTION 103 OF LAND REVENUE CODE 1968, BEFORE THE THEN DY. COLLECTOR & SDO, QUEPEM WHEREIN COLLUSION WITH TENANTS.

THIS LAND ATTRACTS THE GOA LAND USE (REGULATION) ACT, 1990 WHICH CAME IN TO FORCE ON 2/11/1990 AND THE DELETIONS OF THE NAMES OF THE TENANTS TOOK PLACE ON 9/11/1992 IN CASE NO.TNC-47/92.