MOZAMBIQUE INDIAN REPATRIATES ASSOCIATION Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner No.1 is the Association of Mozambique Indian Repatriates and the petitioners No.2 and 3 are its President and Secretary respectively. This Special Civil Application has been filed by the petitioners challenging therein the order dated 30th August 1985 passed by the District Collector, Junagadh, under which, its own order dated 25th February 1971 relating to 92 persons and order dated 6th May 1975 relating to 8 persons, allotting land to those persons has been recalled and the said lands have been ordered to be resumed and the Mamlatdar, Porbandar, was directed to start proceedings for taking possession of said lands.

(2.) The facts of the case which are relevant for decision of this Special Civil Application are to be taken briefly. Because of political situation relating to Diu, Daman and Goa, the members of the petitioner No.1 Association were forced to leave Mozambique and they came to India for permanent settlement, and had in fact now are already settled in India. Whatever immovable and moveable property which the members of petitioner No.1 were having there were confiscated by the Portugal Government. Their claim relating to compensation have been undertaken by the Government of India but so far, as per averments made in this Special Civil Application, those have not been settled.

(3.) The members of the petitioner No.1-Association submitted an application to the Collector, Junagadh for grant of land at Village Chhaya in Porbandar Taluka. Under the order dated 25th February 1971, the Collector, Junagadh, ordered to grant plots of Survey No.280 and 281 of Village Chhaya, Taluka Porbandar, to 92 members of the petitioner No.1-Association. Under the order dated 6th May 1975, 8 members of the petitioner No.1 were granted the land in the very land bearing Survey Nos.280 and 281. It is not in dispute that these persons were also members of the petitioner No.1-Association. Each of the members of the petitioner No.1-Association have been granted a Sanad in Form No.HH as provided under Rule 43 read with Section 133 of the Bombay Land Revenue Code (hereinafter referred to as `Code'). In para-7 of the Special Civil Application, it is submitted that except the change that is either with respect to the change in number or in respect of the addition of the members or in respect of substraction of the members, no change has taken place so far as the main and original orders, annexures `A' and `B' are concerned. The petitioners submitted that in the year 1976, an enquiry was held on the ground that the members of petitioner No.1 have not complied with the conditions of the order and in that enquiry, it transpires that the period of one year is said to have been extended, but it is case of the petitioners that they have not prayed extension of time. However, nothing further has turned out of that enquiry. In the year 1983, the Collector has again started an enquiry and after giving notices, the order dated 25th February 1971 in favour of 92 members of petitioner No.1-Association and the order dated 6th May 1975 in favour of 8 members of petitioner No.1-Association were cancelled and the land allotted to the members aforesaid was ordered to be resumed. Hence this Special Civil Application before this Court.