1969 Supreme(Goa) 27
V.S.JETLEY
Gulabbhai Vallabhbhai Desai – Appellant
Versus
H. A. Khan, Collector of Daman – Respondent
Advocates:
R.J. Joshi and B.S. Ramani, for Petitioners (in both Appeals); S.K. Bhabha and S. Tamba, for Respondents (in both Appeals).
ORDER:- The following questions arise for consideration in petition No. 11 of 1967 filed on behalf of the petitioner - Gulabbhai Vallabhbhai Desai - under Article 226 of the Constitution:- (1) whether the petitioner is the proprietor of the village 'Regunwada', within the meaning of Section 2(h) of the Daman (Abolition of Proprietorship of Villages) Regulation, 1962; (2) if the petitioner is not the proprietor as defined under the said Section 2(h), whether the Daman (Abolition of Proprietorship of Villages) Regulation (Amendment) Act, 1968, in so far as it retrospectively defines the word "village" in Section 2(d) as including a part of a village, is invalid, Article 31-A of the Constitution being inapplicable; (3) if the petitioner is the proprietor, as defined under the said Section 2(h), whether the 90 acres of the land classified as the grassland and the 20 acres of the land classified as the pasture land, on behalf of the respondents, are really the grass and pasture lands as understood under the Regulation; (4) whether the view taken by the Respondents 1 and 2 that they are the grass and pasture lands is in violation of the principles of natural justice; and (5) whether the
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