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Case No.66/2017,453 Under Section 40 of Goa, Daman & Diu Land

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Case No.66/2017,453 Under Section 40 of Goa, Daman & Diu Land Case No.66/2017,453 Under Section 40 of Goa, Daman & Diu land Revenue , Code, 1968 IN THE COURT OF DEPUTY COLLECTOR, DIU U.T. ADMINISTRATION OF DAMAN & DIU, COLLECTORATE, DIU. The Mamlatdar, Diu. ......... Appellant V/S Shri Premji Gila R/o Kevdi, Zolawadi, Diu Respondent ORDER 1. WHEREAS, government land bearing Survey No. 105/0 admeasuring 16560 sq.mts situated near 66 K.V., Kevdi, Diu had been assigned for Establishment of Model Degree College in Diu District vide Order No. 64-03-2011-LND/2494 dated 18/ 10/2011 and further proposal of Additional Govt. land bearing Survey No. 115/ 1 admeasuring 6625 sq.mts. for establishment of new Arts and Commerce College had also been assigned to start construction; 2. AND WHEREAS , in the meantime, all the following parties filed a Regular Civil Suit in the Hon. Court of Civil Judge, Senior Division at Diu:- 1 Shri Bawa Karsan V/s RCS No. 01/2013 The Union of India & Others 2 Sint. Jamnaben Mavji Vaza V/s RCS No. 02/2013 The Union of India & Others 3 Govind Bawa V/s RCS No. 03/2013 The Union of India & Others 4 Sint. Valiben Mavji Vaza V/s RCS No. 04/2013 The Union of India & Others 5 Shri Amrutlal Karsan Bamania V/s RCS No. 05/2013 The Union of India & Others 6 Shri Amrutlal Karsan Bamania V/s RCS No. 06/2013 The Union of India & Others 7 Shri Premji Gila V/s RCS No. 07/2013 The Union of India & Others 8 1 Shri Vashram Mandan RCS No. 08/2013 Page 1 of 26 V/S The Union of India & Others 9 Smt. Valiben Mandan & Ors. V/s RCS No. 09/2013 The Union of India & Others 10 Shri Karsan Mandan & Ors. V/s RCS No . 10/2013 The Union of India & Others 11 Shri Karsan Mandan & Ors. V/s RCS No . 11/2013 The Union of India & Others 12 Smt. Jamnaben Mavji Vaza & Ors. V/s RCS No. 12/2013 The Union of India & Others 13 Smt. Hemiben Kanti Vaza & Ors. V/s RCS No. 13/2013 The Union of India & Others 14 Shri Lalji Lakhman Bamania V/s RCS No. 14/2013 The Union of India & Others 15 Smt. Panibai Vira Bamania & Ors. V/s RCS No. 15/2013 The Union of India & Others 16 Shri Rama Lakhman Bamania & Ors. V/s RCS No . 16/2013 The Union of India & Others 17 Smt . Nandubai Soma Bamania & Ors. V/s RCS No . 17/2013 The Union of India & Others 18 Smt . Manibai Dita Bamania & Ors. V/s RCS No. 18/2013 The Union of India & Others 99 Shri Nathu Lakhman Bamania & Ors. V/s RCS No. 19/2013 The Union of India & Others 20 Shri Velji Kanji Bamania & Ors. V/s RCS No. 20/2013 The Union of India & Others 12 Shri Devji Karsan Bamania & Ors. V/s RCS No. 21/2013 The Union of India & Others 22 Smt. Jivibai Rama Bamania & Ors. V/s RCS No . 22/2013 The Union of India & Others 3. AND WHEREAS , accordingly, this office received Summons for Settlement of issues dated 19/03/2013 from the Clerk of the Civil Court, Diu in the above cases for temporary injunction under Section 94 and Order 39 Rule 1 and 2 of Section 151 of CPC and claiming the land bearing Survey No. 105/0 and Survey No. 115/1 situated at Kevdi of village Bhucharwada; After due process of law, on 03rd May, 2016, Hon'ble Civil Judge, Senior Division at Diu has passed similar Orders in Regular Civil Suits filed by the above parties as follows: "This suit coming on this 3rd May, 2016 before Shri Tushar T. Page 2 of 26 i Aglawe, Civil Judge (Senior Division), Diu for final order in presence of Ld. Counsel Shri Hetal B. Modasia for plaintiffs and Government Pleader Ld. Counsel Shri T.R. Desai for defendants. IT IS ORDERD that - i. Suit is partly decree. ii. It is hereby declared that plaintiffs are in settled possession of suit lands. iii. Defendants or anybody claiming through them are hereby prohibited from dispossessing plaintiffs of suit lands, without due course of law. iv. Other prayers of plaintiffs are rejected. v. Parties to bear their own costs." 4. AND WHEREAS, being aggrieved, out of 22 parties total 20 parties has filed Regular Civil Appeals before the Hon'ble District Judge at Diu under Section 96 of the Code of Civil Procedure, 1908 1 Shri Bawa Karsan V/s R.C.A.No. 10/2016 The Union of India & Others 2 Smt. Jamnaben Mavji Vaza V/s R.C.A.No. 05/2016 The Union of India & Others 3 Smt. Valiben Mavji Vaza V/s R.C.A.No. 03/2016 The Union of India & Others 4 Shri Amrutlal Karsan Bamania V/s R.C.A.No. 11/2016 The Union of India & Others 5 Shri Amrutlal Karsan Bamania V/s R.C.A.No. 17/2016 The Union of India & Others 6 Shri Premji Gila V/s R.C.A.No. 18/2016 The Union of India & Others 7 Shri Vashram Mandan V/s R.C.A.No. 02/2016 The Union of India & Others 8 Smt. Valiben Mandan & Ors. V/s R.C.A.No. 19/2016 The Union of India & Others 9 Shri Karsan Mandan & Ors. V/s R.C.A.No. 06/2016 The Union of India & Others 10 Shri Karsan Mandan & Ors. V/ S R. C.A. No. 07/2016 The Union of India & Others Smt. Jamnaben Mavji Vaza & Ors. 11 R.C.A.No. 20/2016 V s Page 3 of 26 iiic Unwn 01 uiuia as timers F 12 Smt. Hemiben Kanti Vaza 8s Ors. V/s R.C.A.No. 08/2016 The Union of India & Others 13 Shri Lalji Lakhman Bamania V/s R.C.A.No. 16/2016 The Union of India & Others 14 Smt. Panibai Vira Bamania & Ors. V/s R.C.A.No. 13/2016 The Union of India & Others 15 Shri Rama Lakhman Bamania & Ors. V/s R.C.A.No. 15/2016 The Union of India & Others 16 Smt. Nandubai Soma Bamania & Ors. V/s R.C.A.No. 01/2016 The Union of India & Others 17 Smt. Manibai Dita Bamania & Ors. V/s R.C.A.No. 04/2016 The Union of India & Others 18 Shri Velji Kanji Bamania & Ors. V/s R.C.A.No. 14/2016 The Union of India & Others 19 Shri Devji Karsan Bamania & Ors. V/s R.C.A.M. 12/2016 The Union of India & Others 20 Smt. Jivibai Rama Bamania & Ors. V/s R.C.A.No. 09/2016 LThe Union of India & Others 5. AND WHEREAS , in this regard, this office has received letter dated 30-01-2017 from Shri Thiyukesh R. Desai, Govt. Counsel of Diu forwarding therewith Order dated 01-12-2016 passed by the Hon'ble Principal District Judge, Diu as below :- "Adv. Hiten Modasia for appellant present, DGP Adv. T.R. Desai for R-1 to 3 present. DGP made statement for an on behalf of respondent UOI that the Government will not evict the appellants without due adopting due process of law. DGP agreed and confirmed the proposition of law as laid down by Hon'ble Supreme Court of India in the case Gurudwara Sahib V/s Gram Panchayat village Sirthala (in Civil Appeal No.8224 of 2013 arising out of S.L.P. (Civil) No.23728 of 2012) the in such proceeding the appeal will be at liberty to take to take defence and plead that they have become owner of the land by way of adverse possession of prescription. Having regard to the statement made by SPP Adv . Hetal Modasia for the appellants on instructions of appellant made statement that he withdraw the appeal . He requested for this Court to grant leave to the appellants to take defense of adverse possession or Page 4 of 26 prescription in the proceedings if any initiated by the state as due process of law for their eviction. The wordings of Hon'ble Apex Court and law on that point is clear whereas liberty is inherent. So to avoid any complication or confusion liberty as prayed is granted as appeal is withdrawn it stands disposed of with no order as to cost." 6. AND WHEREAS , as per the Order passed by the Hon'ble Principal Civil Judge, Diu which is transcribed in Para 5 above, this authority started due process of law for the eviction of the above 22 parties under the specific provision of Section 40 of Goa, Daman and Diu Land Revenue Code, 1968 to recover the possession of the Govt. land bearing Survey No. 105/0 admeasuring 16560 sq.mts and Survey No. 115/ 1 admeasuring 6625 sq.mts. situated near 66 K.V., Kevdi, Diu in the court of the Dy. Collector, Diu who is also empowered to deal such cases by Notification No. 65-01-2014- LND/Part file/400 dated 06-05-2016; 7. AND WHEREAS , this office has issued Notice to Shri Premji Gila, R/o Kevdi, for personal hearing under Section 40 of Goa, Daman and Diu Land Revenue Code, 1968; 7A. AND WHEREAS , the area under the possession of the respondent as per the Para no.2 of the Judgment dated 29/04/2016 by Civil Judge (Sr.Dn.),Diu admeasuring 294 sq.mts. as well as admeasuring 360 sq.mts. which are part of Survey No. 105/0 and admeasuring 261 sq.mts. as well as admeasuring 192 sq.mts.
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