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1983 Supreme(Bom) 218

A.A.GINWALA, G.F.COUTO
Manoel Francisco Agremiro da Conceicao Fernandes – Appellant
Versus
Collector of Daman and others – Respondent


JUDGMENT - Ginwala J.-These two writ petitions can be disposed of by one judgment since they raise a common question about the validity of the Daman (Abolition of Proprietorship of Villages) Regulation, 1962 (hereinafter

referred to as “the Regulation”) and the orders passed by the Collector of Daman under it.

2. In order to appreciate properly the various contentions which have been urged on behalf of the petitioners, it would be convenient at the outset to take note of the legislative and judicial history of the Regulation and its salient features The territories which immediately before 20-12-1961 were comprised in Goa, Daman and Diu and were under the Portuguese rule, were declared as Union Territory by including them in Part 11 of the First Schedule of the Constitution by the Constitution (Twelfth Amendment) Act, 1962. By the said Amending Act this Union Territory was included in clause (1) of Article 240 of the Constitution,' thus enabling the President of India to make regulations for its peace, progress and good government. In exercise of the powers so conferred on him by the said clause, the President promulgated the Regulation to provide for abolition of proprietorship of v






































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