G D KAMAT Vs. D G DESHPANDE

JUDGEMENT

(1.) FIRST Appeal and writ petition are being disposed of under this common judgment and order as both concern the same subject--matter viz. a piece and parcel of land being plot No. 9 situate at Silvassa. The petitioner claims this plot of land by reason of fact that under Alwara No. 575 dated 30th May 1942, plot No. 9 admeasuring 816 Sq. metres was awarded to him in perpetuity (Aferomento) by the erstwhile Portuguese Government for the purposes of constructing a house thereon.

(2.) WE will refer to the appellant in the appeal and the petitioner in the writ petition as "petitioner" hereinafter. The grant of agricultural and non-agricultural land on Aferomento basis was governed under Organzacao Agraria which literally translated would mean Agrarian Organisation which was enforced pursuant to Provincial Decree No. 985 of 22nd September, 1919. It is common ground that Dadra and Nagar Haveli was under Portuguese rule along with Goa, Daman and Diu. By an action emanated from freedom fighters Dadra and Nagar Haveli was liberated in 1954 and ceded to Union of India sometime in the year 1961. Between the period 1954 and 1961 the territory of Dadra and Nagar Haveli was administered by Central Government.

(3.) THE petitioner applied for a piece of land situated at Silvassa for the purpose of construction of a house and by Alwara No. 575 dated 30th May, 1942, Aferomento was created in his favour on payment of Foro of Re. 1 Anna one and 11 Pai annually in one instalment.