The provisions of the Goa, Daman and Diu Land Revenue Code regarding eviction of unauthorized occupants are valid, not repugnant to the Public Premises Act, and allow for summary procedures excluding some principles of natural justice, emphasizing public interest in promptly addressing unauthorized occupations.

1. Petitioners challenge in these Writ Petitions the Notices issued by the first respondent under S.40 read with Ss.41 and 184 of the Goa, Daman and Diu Land Revenue Code , 1968 (hereinafter referred to as "the Code"), requiring each of them to vacate the portion of land specified therein, which allegedly belongs to the Government and is in their unauthorised occupation. Though the facts are not the same, the main issues that each of these petitions gives rise to are, none-the-less, common, as common are the questions that fall for our determination. Hence, this single judgement.

2. The admitted and relevant facts may be stated. In Writ Petition No. 190/81 : A piece of land ad-measuring 2635.90 sq. mts., known as "Parte do Oiteiro Conceicao" and situated at Altinho, Panaji, was granted by the Government under the provisions of Decree No. 3602 Dt/- 24th Nov. 1917, to one Aires Epifanio Mariano de Santana Miranda, the late husband of the original petitioner Maria Berta de Costa Miranda, for the purpose of construction of a residential house. The said land was duly demarcated by the Government and the grantee after building therein his residential house and a compound wall without altering the boundaries as demarcated by the Government, got the said land and house registered in his name in the Land Registration Office, Panaji. The city survey was carried out in the year 1980 and it was found, at that time, that the area occupied by the house and compound wall was of 2835 sq. mts., i.e. 199.10 sq. mts. in excess of the area of the granted land. Though the said area of 2835 sq. mts. had been in possession of the grantee and his successors-in-title, exclusively, publicly and continuously, for more than 40 years, the impugned Notice dt. 16th Oct. 1981, was issued by the first respondent Deputy Collector, North Goa Division, requiring the petitioner to vacate the said area in excess (199.10 sq. mts.) within 15 days, failing which summary eviction was to be carried out.
In Writ Petition No. 188/B/81 : Petitioner is the owner of a property known as "Terreno das casa com pateo" situated at "Zona arrebalde do Palmar Ponte de Panjim" registered in the Land Registration Office under No. 9674 and enrolled in the Revenue Office under No.117 old and No. 111 new. The said property was purchased by the petitioner by a deed of sale dt. 21st Oct. 1970. By another deed of sale dt. 3rd May, 1980, petitioner purchased the piece of land admeasuring 14 sq. mts. which was part of the property known as "Predio Tesreno com casa", situated at Fontainhas and registered in the Land Registration Office under No. 14565, enrolled in the Revenue Office under No. 110 and surveyed under Chalta No. 73 of P.T. Sheet No. 86. By the impugned Notice dt. 16th Oct. 1981, the first respondent stating that the petitioners has encroached upon Government land to the extent of 76.01 sq. mts. with his residential house, required the latter to vacate the area allegedly encroached upon by the 24th Dec. 1981, failing which summary eviction would take place.

3. Petitioners' challenge against the aforesaid Notices is two-fold. T