Stany Bela
Pics: Dayanand Kukkaje
Daijiworld Media Network - Mangaluru

Mangaluru, Aug 16: In an eye-opening incident, an elderly couple living at Suratkal from the part 47 years, is on the verge of losing land and house, chiefly due to lack of awareness on government laws.

Felix and Stella Coelho are in a fix at the moment. The couple had earlier owned a land and a house at Panambur, but lost both after the government acquired the same for New Mangaluru Port Trust. After knocking at every door and asking for help, their continued efforts to avail compensation or alternative land ended nowhere.

Land at Suratkal

The couple gave up hopes of receiving compensation from the government and spent all their savings to purchase a 38-cent land at Suratkal. The land was purchased by the couple from a third party.

But some months ago, the couple received an order from the government pertaining to Karnataka Scheduled Castes and Scheduled Tribes Act, 1978. The couple ran into trouble again as the land they had purchased from the third party, came under the Prohibition of Transfer of Certain Lands (PTCL Act).

According to the Act, transfer of certain lands granted by the government to persons belonging to the scheduled castes and scheduled tribes in the state, is prohibited. Such property will be eventually acquired by the government and returned to the original owner without any compensation to the purchaser.

Court battle

After seeking suggestions from the few people they knew, the couple decided to approach the court. They informed the court that they came to know about PTCL Act only after they received the notice from the government. They also told the court that the third party had not informed them about it.

After spending a huge amount of money on the case, the couple lost the battle. The fifth additional sessions court upheld the PTCL Act and issued an order to hand over their land to the first party.

Deputy commissioner’s order to vacate

The deputy commissioner, on April 24, 2017, issued a notice to Stella Coelho saying that she had illegally occupied the 38-cent land which comes under survey number 247/4E Suratkal village.

The couple spent nearly three months in the same house living in fear of being evicted. On Wednesday August 16, the assistant commissioner and the land surveyor visited Stella’s house along with the other party, the actual land owner according to the court.

The assistant commissioner took a written statement from both the parties. Stella informed the assistant commissioner that she had received the notice from the DC to vacate the house, but not from the court.

"Where should we go?"

Speaking to Daijiworld Stella said, "We accept the court's verdict and we are ready to leave this land. We have no intention of disobeying the court's order. But where can we go at this age? My husband is suffering from acute diabetes and high blood pressure. He cannot even stand for a few minutes. We have three daughters who are married. We cannot purchase land and build a house at this age. Therefore, we request the government to let us live in this piece of land till we die. If not, please give us an alternative solution. Please consider our age. Otherwise, we will be forced to live in bus stands and streets."

Gopal, the owner of the land said, "I am residing at a rented house. This land was granted to my father as per the PTCL Act. Now I want to build a house on this land. I cannot get any other land as according to records, my father has already claimed land from the government. I have my mother and brothers and we are living together. I will never use this land for commercial purpose."

After the visit to the elderly couple’s house, assistant commissioner Renuka Prasad said, “It is an order from the court and we are acting accordingly. If the couple has not received the court order, they can apply for one through RTI. They will have the right to appeal in higher courts once they have the court order’s copy. We cannot evacuate the couple now as we will have to proceed as per law. I will submit the statement of both the parties to the concerned authorities and will follow the proceedings."