VINODKUMAR SHANTILAL GOSALIA Vs. GANGADHAR NARSINGDAS AGARWAL

JUDGEMENT

(1.) These appeals are by certificates granted by the Delhi High Court under Art. 133 (1) (a) and (b) of the Constitution in regard to its judgment dated Feb. 20, 1970 in C. W. No. 712 of 1968.

(2.) The dispute in these appeals relates to the grant of mining rights in respect of an area situated in the villages of Karanzol and Sonaulim in Goa, the rival claimants being the appellant and respondent 1. Respondent-1 claims preference over the appellant by reason of certain events which happened prior to the conquest and annexation of Goa by the Government of India on Dec. 20, 1961. Before we turn to those events, it would be useful to notice the relevant provisions of the Mining Laws which were in force in Portuguese Goa.

(3.) During the Portuguese rule, matters relating to grant, transfer and vesting of mining rights in Goa, Daman and Diu were governed by the "Portuguese Colonial Mining laws". Under those laws a person could, in stated circumstances, make a "declaration" in writing stating that "he has discovered a mineral deposit". Such a declaration was called a "Mining Manifest" and the person making the declaration was called a "Manifestor". The object of making a Mining Manifest was to acquire mining rights from the Government in respect of the area covered by the Manifest. On verification of the facts stated in the Manifest, the concerned authorities would prepare a "Notice of Manifest", by which was meant "the record in a special book of prospector's declaration, which in a fixed term will ensure the exclusive right to 'concession' of a manifested mining property when such property contains minerals and the manifested land is free". The notice of Manifest was thus an acknowledgement by public authorities of the authenticity of the Mining Manifest. It was a step-in-aid to the grant of mining rights, since the particular entry in the special book maintained for keeping the record of mining manifests ensured the exclusive right of the manifestor to mineral concession or rights. The notice of Manifest was followed by the grant of 'Title of Manifest' which meant a certificate in terms of the note of manifest, pertaining to the legal right to concession". The Title of Manifest entitled the manifestor to a "Mining Concession' under which he was permitted "to explore a mining property and to enjoy thereon all mining rights". The mining concession was "unlimited in duration as long as the concessionaire complied with the conditions which the law and tide of concession imposed on him". Article 119 of the Porteguese Colonial Mining Laws provided that a 'prospecting licence was not transferable but by Art. 120, a Title of Manifest was .transferable by simple endorsement on the original title, duty executed in terms of Art. 60.