PARSOTTAM NARSAI KAPDI Vs. UNION OF INDIA

JUDGEMENT

(1.) BEING aggrieved by the Judgment and decree dated 24th April 1985 passed by the District Judge, Dadra and Nagar Haveli, Silvassa, in Civil Appeal No.1 of 1982 preferred against the judgment and decree dated 30th April 1982 passed by the Civil Judge, Dadra and Nagpur Haveli, Silvassa, in Civil Suit No.10 of 1979, the appellant-original plaintiff has preferred this second appeal. By the aforesaid decision, the lower Appellate Court confirmed the decision of the trial Court.

(2.) THE appellant-plaintiff in this case filed the suit against the respondents simplicitor for the grant of injunction. It was contended on behalf of the appellant that he was the owner in actual possession of the suit land bearing Survey No.116/1 admeasuring about 0.30 hectares situated at Amli, Silvassa. It was contended by the plaintiff that the originally the land was granted as alwara holder and by subsequent proceedings held by the Land Revenue Officer he was declared as an occupant and, therefore, thereafter he is the owner occupant of the suit premises and in exclusive possession of the suit premises. Some where on 12th April 1979 the officers of respondent no.2 came on the suit land for making some markings. When asked by the present plaintiff he was told by the said officers that the land is required for providing residential accommodation to the industrial labourers. THErefore, the plaintiff filed the suit for the grant of simplicitor injunction.

(3.) BY relying on the ratio of the aforesaid case Shri Kankria, learned Counsel for the appellant, contended that in this case also the petitioner was Alwara holder and further by proceedings under section 4(1) of Dadra and Nagar Haveli Land Regulation Act, 1971 she was declared as occupant and, therefore, the respondents can only acquire the said land by adopting proceedings under the Land Acquisition Act. It is true that as per the ratio laid down by this High Court in I.L.R. 1975, Bom. 162 after 1st July 1963 when the Land Acquisition Act was made applicable the Government can only acquire the land by adopting land acquisition proceedings. However, this is inapplicable in the facts and circumstances of the present case, as in the present case on 26th September 1969 by applying Article 27 of the Organizacao Agraria of Dadra and Nagar Haveli, 1919, the Collector of Dadra and Nagar Haveli, Silvassa, was pleased to expropriate the suit land along with three other adjoining lands and, therefore, till the said order is set aside, the plaintiff will not be in a position to derive any advantage from the ratio as laid down by this High Court in the aforesaid case.