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Civil Property & InheritanceSupreme Court of India

Divyangnakumari Harisinh Parmar (Dead) and Others vs Union of India and Others

Not available · 2025 INSC 1145Decided 24 Sept 2025
Not available
Justice Surya Kant · Justice Dipankar Datta · Justice Nongmeikapam Kotiswar Singh

Background

The case concerned land in the Union Territory of Dadra and Nagar Haveli that was originally granted between 1923 and 1930 by the erstwhile Portuguese Government to the appellants' predecessors, on condition that the land be brought under agricultural cultivation. In 1974, the Collector, Dadra and Nagar Haveli rescinded these grants for non-cultivation under Article 12 of the "Organizacao Agraria" (a Portuguese-era land administration regulation). This set off decades of litigation; the trial court and first appellate court ruled for the appellants (landholders), but the Bombay High Court reversed those findings in second appeal in 2005, upholding the rescission. The matter reached the Supreme Court more than half a century after the original dispute arose.

Decision Breakdown

The Supreme Court held that the rights in the land were governed by the Organizacao Agraria (OA), not the separate 1917 Portuguese land law the appellants invoked, and that the Bombay High Court had not exceeded its limited jurisdiction under Section 100 of the CPC (which restricts second appeals to genuine "substantial questions of law") in reversing the lower courts' concurrent findings. The Court rejected the appellants' arguments that the rescission order was invalid on grounds of waiver, acquiescence, delay, or impossibility of cultivation, finding the Collector's 1974 order was passed after due inquiry, correctly identified land that could have been cultivated with effort, and was not vitiated by mala fides or arbitrariness. The appeals were accordingly dismissed and the High Court's judgment upholding the rescission was affirmed, though the Court gave any appellants not yet considered for occupancy rights under a 1971 land reforms law liberty to approach the Collector afresh within six weeks.

Lesson Learnt

Conditional land grants that require the grantee to actively cultivate or improve the land can be validly rescinded for non-compliance even decades later, and a High Court's power in a "second appeal" to overturn concurrent factual findings of lower courts is legitimate so long as it is based on a genuine substantial question of law. It is not automatically an overreach of jurisdiction.

Divyangnakumari Harisinh Parmar (Dead) and Others vs Union of India and Others – Legal Case Shots | LegalAware