Case Note & Summary
The petitioner, the Archidiocese of Goa, Daman and Diu, filed a writ petition challenging the takeover of its lands in the villages of Marwad and Dalwada in Daman by the Administration under the Daman (Abolition of Proprietorship of Villages) Regulation, 1962. The petitioner contended that agricultural lands were taken over without compensation, and non-agricultural lands were also taken over despite not being covered by the Regulation. The petitioner had previously filed Writ Petition No. 30/B of 1970 before the Panaji Bench of this Court, which was allowed on 30.3.1983. In that judgment, the court held that 'land' under the Regulation, as amended in 1967, means agricultural land. The court directed the petitioner to make an application to the Mamlatdar of Daman specifying which properties were not covered by the Regulation, and the Mamlatdar was to pass appropriate orders after notice to both sides and holding an enquiry. The present petition appears to be for implementation or further relief. The court, in the present judgment, reiterated the earlier directions and ordered that the Mamlatdar shall determine which items of property are not covered by the Regulation and restore them to the petitioner, and also fix compensation for the agricultural lands taken over.
Headnote
A) Land Acquisition - Compensation - Daman (Abolition of Proprietorship of Villages) Regulation, 1962 - The petitioner's agricultural lands were taken over without compensation; the court directed an enquiry for fixing compensation for agricultural lands taken over under the Regulation, as amended in 1967, which defines 'land' as agricultural land. (Paras 1-2) B) Land Acquisition - Non-Agricultural Land - Daman (Abolition of Proprietorship of Villages) Regulation, 1962 - Non-agricultural properties were taken over even though they could not be taken over under the Regulation; the court directed the Mamlatdar to determine which items of property are not covered by the Regulation and to restore them to the petitioner. (Paras 1-2)
Issue of Consideration
Whether the non-agricultural lands of the petitioner were validly taken over under the Daman (Abolition of Proprietorship of Villages) Regulation, 1962, and whether the petitioner is entitled to compensation for agricultural lands taken over.
Final Decision
The court allowed the petition, directing the Mamlatdar to determine which items of property are not covered by the Regulation and to restore them to the petitioner, and to fix compensation for agricultural lands taken over.
Law Points
- Interpretation of 'land' under Daman (Abolition of Proprietorship of Villages) Regulation
- 1962 as amended in 1967
- Entitlement to compensation for agricultural land taken over
- Non-agricultural land not covered by Regulation must be restored
