- 1 - IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION 1.SECOND 1.SECOND 1.SECOND APPEAL APPEAL APPEAL NO.354 OF 1985 NO.354 OF 1985 NO.354 OF 1985 1. Union of India 2. The Administration of Dadra and Nagar Haveli administered by Lt.Governor and Administrtor of Dadra and Nagar Haveli at Silvassa 3. The Collector of Dadra and Nagar Haveli at Silvassa. ...Appellants vs. 1. Divyangnakumari Harisinh Parmar 2. Ramaben Mohansinh Parmar 3. Lala Parag (since deceased through L.Rs.) 3A.Shri Umedsinh Lalabhai Solanki 3B.Shri Bharatsinh Lalabhai Solani 4. Takhatsinh Kalidas 5. Mohan Pratap 6. Dahya Govan (since deceased through L.Rs.) 6A.Smt.Narbadaben w/o Dahyabhai Patel (since deceased through L.Rs. already on record being 6B to 6K) 6B. Damubhai Dahyabhai 6C. Prabhubhai Dahyabhai 6D. Vasantbhai Dahyabhai 6E. Amrutbhai Dahyabhai Patel 6F. Vijaybhai Dahyabhai Patel 6G. Gajeshbhai Dahyabhai Patel 6H. Smt.Paliben Dahyabhai Patel 6I. Smt.Revaben Dahyabhai Patel 6J. Smt.Urmilaben Dahyabhai 6K. Smt.Lataben Dahyabhai Patel 7. Nandkishor Lallubhai Patel 8. Bhana Mangal Ukabhai 9. Chhotu Jivan 10. Bai Bhuli Uka (since deceased through L.Rs.) 10A. Fatesinh Kalidas Solani 10B. Harishinh Kalidas 10C. Laxmansinh Kalidas 10D. Taihatsinh Kalidas 11. Ranjitsinh Sitaram Desai (since deceased through L.Rs.) - 2 - 11A. Shri Amrutsinh 11B. Shaileshsinh 12. Abhesinh Himatsinh 13. Rapainh Himatsinh 14. Ashok Rupsinh through Power of Attorney Rupsinh Pratapsinh 15. Rajendrasinh Rupsinh 16. Mahendrasinh 17. Pratapsinh Vallabh (since deceased through L.Rs.) 17A. Shri Jitendrasinh 17B. Shri Hitendrasinh 17C. Shri Natwarsinh 17D. Smt.Savitaben 17E. Smt.Pushpaben 17F. Padmaben 18. Pravinsinh Lalsinh Parmar 19. Smt.Maniben Jaisinh (since deceased through L.Rs.) 19A. Smt.Chandanben wd/o Chitusinh 19B. Chandrasinh Chhitusinh Chauhan 19C. Surendrasinh Chhitusinh Chauhan 19D. Harendrasinh Chhitusinh Chauhan 20. Smt.Naliniben Shrikrishna Dalvi 21. Smt.Neenakumari Harisinh Parmar 22. Smt.Maliben Dahyabhai Solanki 23. Laxman Bhana Solanki 24. Harisinh Mohansinh Solanki 25. Umedainh Bhanabhai Solanki 26. Premabhai Bavabhai Solanki (since deceased through L.Rs.) 26A. Chhibubhai 26B. Prabhatsinh 27. Mohansinh Chhotusinh Parmar (since deceased through L.Rs.) 27A. Smt.Ramaben Wd./o Mohansinh 27B. Smt.Sarojben 27C. Jitendrasinh 27D. Surendrasinh 27E. Smt.Sulochanaben 27F. Ashwinbhai 28. Pratapsinh Lalsinh Solanki (since deceased through L.Rs.) 28A. Smt.Deviben Wd./o Pratapsinh 29. Gomansinh Lalsinh Solani ...Respondents WITH WITH WITH 2.SECOND SECOND SECOND APPEAL NO.355 OF 1985 APPEAL NO.355 OF 1985 APPEAL NO.355 OF 1985 1. Union of India 2. The Administration of Dadra and Nagar Haveli administered by Lt.Governor and Administrtor - 3 - of Dadra and Nagar Haveli at Silvassa 3. The Collector of Dadra and Nagar Haveli at Silvassa. ...Appellants vs. 1. Mohanlal Naranji 2. Navinchandra Chunilal 3. Khandubhai Rambhai (since deceased by L.Rs.) 3/1 Bhikubhai Khandubhai Desai 3/2 Kikubhai Khandubhai Desai 3/2A Prakashbhai 3/2B Rajeshbhai 3/2C Rajnikant 3/2D Malankumar 3/2E Smt.Nitaben 3/3 Ratilal Khandubhai Desai 3/4 Sumanbhai Khandubhai Desai 3/5 Smt.Ramilaben Khandubhai Desai 4. Natwarlal Vanmalidas Bhavsar 4/A Nitinbhai 4/B Rajendrabhai 4/C Bankimbhai 4/D Smt.Daxaben 5. Paragbhai Dajibhai Patel (since deceased through L.Rs.) 5/1 Bhagubhai 5/2 Natwarlal 5/3 Smt.Maniben 5/4 Keshavbhai Kalyan (since deceased through L.Rs.) 5/4 (1) Mohanbhai Keshavbhai Patel 5/4(2) Parsottam Gajanand Patel 6. Nagarbhai Zinbhai Kapdi 6/1 Satishchandra 6/2 Smt.Kusumben 6/3 Kum.Minaxiben 6/4 Smt.Nirmalaben 6/5 Smt.Jyotiben Maheshbhai Tamboli 7. Premabhai Bhikhabhai Patel 7/1 Ranchodbhai 7/1A Harshadbhai 7/1B Mahendrabhai 7/1C Smt.Vasantiben 7/1D Smt.Daxaben 7/2 Lakhubhai 7/3 Govindbhai 7/4 Smt.Maniben 7/5 Smt.Dhaniben 7/6 Smt.Jashodaben 7/7 Smt.Hanshaben 8. Khalpabhai Govanbhai - 4 - (since deceased through L.Rs.) 8/1 Jamshu Govanbhai 8/2 Keshav Govanbhai (since deceased through L.R.) 8/2A Mohanbhai Keshavbhai Patel 9. Gandabhai Dhediabhai (since deceased through L.Rs.) 9/1 Premabhai 9/2 Hirabhai 9/3 Uttambhai 9/4 Arvindbhai 9/5 Smt.Kamuben 9/6 Smt.Meenaben 10. Shah Kasturchand (since deceased through L.Rs.) 10/1 Chimanlal Kasturchand Shah 10/2 Amrutlal Kasturchand Shah ....Respondents WITH WITH WITH 3.SECOND 3.SECOND 3.SECOND APPEAL NO.356 OF 1985 APPEAL NO.356 OF 1985 APPEAL NO.356 OF 1985 1. Union of India 2. The Administration of Dadra and Nagar Haveli administered by Lt.Governor and Administrtor of Dadra and Nagar Haveli at Silvassa 3. The Collector of Dadra and Nagar Haveli at Silvassa. ...Appellants vs. 1. Amratlal Lallubhai (since deceased through L.Rs.) 1/1 Smt.Chandaben Wd/of Amratbhai L.Patel 1/2 Smt.Parvatiben 1/3 Pravinbhai 1/4 Smt.Chandraprabha 1/5 Smt.Anshuyaben 1/6 Smt.Lataben 1/7 Smt.Naliniben 1/8 Smt.Nirmalaben 1/9 Hiteshbhai 2. Kevalchand Dhanraj Shah 3. Ranchhodbhai Govanbhai (since deceased through L.Rs.) 3/1 Smt.Gulatben W/d of Ranchhodbhai 3/2 Ishwerbhai 3/3 Surendrasinh 3/4 Jagdishsinh 4. Dhikhubhai Gomanbhai, Naroli 5. Chhaoanbhai Kikabhai Chauhan (since deceased through L.Rs.) 5/1 Smt.Saraswatiben - 5 - 5/2 Vikramsinh 5/3 Natubhai 6. Moreshwar Bapu Vaid 6/1 Sureshbhai (since deceased through L.Rs.) 6/1A Ritaben 6/1B Linaben 6/1C Binaben 6/1D Reshmaben 6/1E Meghnaben 6/2 Arvindbhai 6/3 Smt.Ashwiniben 6/4 Smt.Aparnaben 7. Shantilal Premchand 8. Keshavbhai Govanbhai Patel 8/1 Mohanbhai Keshavbhai Patel 9. Kalanbhai Govanbhai Patel 9/1 Thakorebhai 9/2 Smt.Nirmalaben 9/3 Smt.Ushaben 9/4 Smt.Hanshaben 10. Haribhai Madhubhai 11. Bhanabhai Mangalbhai Parmar 12. Ramabhai Morarbhai (since deceased through L.Rs.) 12/1 Natubhai 12/2 Jashvantbhai 12/3 Harisinh 12/4 Smt.Chanchalben 12/5 Smt.Manjulaben ...Respondents WITH WITH WITH 4.SECOND SECOND SECOND APPEAL NO.357 OF 1985 APPEAL NO.357 OF 1985 APPEAL NO.357 OF 1985 1. Union of India 2. The Administration of Dadra and Nagar Haveli administered by Lt.Governor and Administrtor of Dadra and Nagar Haveli at Silvassa 3. The Collector of Dadra and Nagar Haveli at Silvassa. ...Appellants vs. 1. Smt.Laxmibai Ganesh Dandekar (since deceased through L.Rs.) 1/1 Sitabai Raghunath Thosar (since deceased through L.Rs.) 1/1A Gangadhar Raghunathji Thosar 1/1B Smt.Sulbhaben Haribhao Gokhale 1/1C Pramilaben Laxman Gadre 1/1D Hemlataben Janardan Joshi - 6 - 1/1E Vandanaben Mulighar Khare 2. Smt.Radhaben Krishnaji (since deceased through L.Rs.) 2/1 Smt.Kundaben Marathi 2/2 Smt.Anandibai Digamber Kelkar 2/3 Smt.Indiraben Krishnaji Karmarkar 2/4 Smt.Kamlaben Vishnubhai Joshi 3. Smt.Sitabai Raghunathji (since deceased through L.Rs. already on record as 1/1A to 1/1E) ....Respondents WITH WITH WITH 5.SECOND 5.SECOND 5.SECOND APPEAL APPEAL APPEAL NO.358 OF 1985 NO.358 OF 1985 NO.358 OF 1985 1. Union of India 2. The Administration of Dadra and Nagar Haveli administered by Lt.Governor and Administrtor of Dadra and Nagar Haveli at Silvassa 3. The Collector of Dadra and Nagar Haveli at Silvassa. ...Appellants vs. 1. Smt.Maniben Gulassinh Parmar (since deceased through L.Rs.) 1/1 Ishwarsinh Gulabsinh Parmar 1/2 Harendrasinh Gulabsinh Parmar 1/3 Smt.Laxmiben Narpatsinh Mangrolia 1/4 Smt.Harigangaben Indrasinh Vasiya 1/5 Smt.Narmadaben Kishorsinh Rathod 1/6 Smt.Bhadraben Bharatsinh Chauhan 1/7 Smt.Indiraben Jagdishsinh 2. Mohansinh Laxmansinh Solanki 3. Ramubhai Laxmansinh Solanki 4. Babubhai Laxmansinh Solanki 5. Mohansinh Ratanji Solanki (since deceased through L.Rs.) 5/1 Bhikhubhai Mohansinh Solanki 6. Smt.Dahiben Chhibabhai 7. Narsinh Ramabhai Solanki (since died through L.Rs.) 7/1 Smt.Jashodaben Wd/o Narsinh Solanki 7/2 Rameshchandra Narsinh Solanki (since deceased through L.Rs.) 7/2A Smt.Vinuben Wd./of Rameshchandra 7/2B Jyotiben Rameshchandra 7/2C Manishaben Shailendrasinh Desai 7/2D Sulochanaben Rameshchandra Solanki 7/3 Harendrasinh Narsinh Solanki 8. Balvantsinh Bhikhubhai Rathod 9. Bai Kamlaben Wd/of Bhikhubhai V.Rathod - 7 - 10. Bai Surajben Wd/of Virsinh Z.Rathod 10/1 Bhikhubhai Virsinh Rathod (since deceased through L.Rs.) 10/1A Kamlaben 10/1B Balvantsinh 10/1C Laxmiben 10/1D Bhaniben 10/1E Deviben 10/1F Manjulaben 10/1G Maniben 11. Surendrasinh Chhittusinh Chauhan 12. Smt.Chandaben Chittusinh Chauhan 13. Pratapsinh Vallabhabhai Desai (since deceased through L.Rs.) 13/1 Jitendrasinh 13/2 Harendrasinh 13/3 Natwarsinh 13/4 Smt.Savitaben 13/5 Smt.Pushpaben 13/6 Smt.Padmaben 14. Ramsinh Narsinh Desai 14/1 Smt.Chandanben W/d of Ramsinh 14/2 Rajendrasinh 14/3 Smt.Virmatiben 14/4 Smt.Pratibhaben 14/5 Smt.Madhubalaben 14/6 Smt.Pravinaben 15. Motisinh Narsinh Desai 16. Dalpatsinh Kalidas Desai 17. Kalidas Hirabhai Desai 17/1 Smt.Devkiben Kalidas 17/2 Babubhai 17/3 Mohansinh 17/4 Mahendrasinh 17/5 Dalpatsinh @ Devendrasinh 17/6 Smt.Tejuben 17/7 Smt.Savitaben 17/8 Smt.Dhanuben 17/9 Smt.Sarojben 17/10 Smt.Kanchanben 18. Mohansinh Kalidas Desai 19. Bai Ganga Wd./of Khandu Hira (since deceased through L.Rs.) 19/1 Smt.Shantaben (since deceased through L.Rs.) 19/1A Mahendrasinh 19/1B Ishwarsinh 19/1C Smt.Hiraben 19/1D Smt.Kusumben 19/1E Smt.Savitaben 19/1F Smt.Vasantiben 20. Bhagwansinh Govindsinh Parmar (since deceased through L.Rs.) - 8 - 20/1 Mahendrasinh 20/2 Rajendrasinh 20/3 Smt.Bhaniben 20/4 Smt.Gitaben 21. Ranchhodbhai Govinbhai Parmar 21/1 Ishwarsinh 21/2 Surendrasinh 21/3 Jagdishbhai 21/4 Smt.Deviben Wd/of Ranchhodbhai 22. Thakorebhai Govanbhai Parmar 23. Dalpatbhai Govanbhai Parmar 24. Bai Deviben Wd/of Govanbhai Jaisinh (since deceased through L.Rs. already on record as 21/1 to 21/3) 25. Harisinh Morarsinh Parmar (since deceased through L.Rs.) 25/1 Smt.Valiben Wd/of Harisinh Parmar 25/2 Dalpatsinh 25/3 Smt.Shardaben 25/4 Mohansinh 25/5 Smt.Vinuben 26. Laxmansinh Morarbhai Parmar 27. Bhikhubhai Gomansinh Parmar 28. Umedsinh Bhikhubhai Parmar (since deceased through L.Rs.) 28/1 Babubhai Ramsinh 28/2 Natwarsinh Ramsinh 29. Ramsinh Bhikhabhai Parmar 29/1 Smt.Nagniben Wd/of Ramsinh 29/2 Babubhai 29/3 Natwarsinh 29/4 Smt.Virmatiben 29/5 Smt.Naynaben 29/6 Smt.Bhartiben 29/7 Smt.Kanchanben 30. Bhikhubhai Mohanbhai Parmar (since died through L.Rs.) 30/1 Smt.Kamlaben 30/2 Kalpeshkumar 30/3 Smt.Kanchanben 30/4 Smt.Kushumben 30/5 Smt.Nitaben 30/6 Smt.Rajeshreeben 31. Bhanabhai Danabhai Chauhan (since deceased through L.Rs.) 31/1 Chhibubhai 31/2 Dalpatsinh 31/3 Arvindsinh 31/4 Natwarsinh 31/5 Shaileshsinh 32. Abhubhai Danabhai Chauhan 33. Bai Saraswatiben Wd./of Vinayak A. Chaubal (since deceased through L.Rs.) - 9 - 33/1 Sudhaben 33/2 Nilimaben .....Respondents WITH WITH WITH 6.SECOND 6.SECOND 6.SECOND APPEAL NO.359 OF APPEAL NO.359 OF APPEAL NO.359 OF 1985 1985 1985 1. Union of India 2. The Administration of Dadra and Nagar Haveli administered by Lt.Governor and Administrtor of Dadra and Nagar Haveli at Silvassa 3. The Collector of Dadra and Nagar Haveli at Silvassa. ...Appellants vs. 1. Okchand Premchand (since deceased through L.Rs.) 1/1 Smt.Patashiben Wd./of Okchand Premchand 1/2 Rameshbhai 1/3 Javantibhai 1/4 Ashokbhai 1/5 Manharbhai 1/6 Harshadbhai 1/7 Smt.Ranjanben 1/8 Smt.Lilaben 2. Chunilal Magniram 3. Mohmadbhai (since deceased through L.Rs.) 3/1 Rajabali 3/2 Sadruddin 3/3 Kamalbhai 3/4 Shirajbhai 3/5 Smt.Kulsumben 4. Kamluddin Mohamadbhai 5. Rajabali Mohamadbhai 6. Rustom Ardesar (since deceased through L.Rs.) 6/1 Merwanji Rustomji Wadia 7. Abhesinh Kalidas Solanki (since deceased through L.Rs.) 7/1 Smt.Chanchalben Wd./of Abhesinh 7/2 Natwarsinh 7/3 Dilipsinh 7/4 Smt.Nirmalaben 7/5 Smt.Shardaben 8. Takhatsinh Kalidas Solanki 9. Fatesinh Kalidas Solanki ...Respondents WITH WITH WITH 7.SECOND 7.SECOND 7.SECOND APPEAL NO.360 OF 1985 APPEAL NO.360 OF 1985 APPEAL NO.360 OF 1985 - 10 - 1. Union of India 2. The Administration of Dadra and Nagar Haveli administered by Lt.Governor and Administrtor of Dadra and Nagar Haveli at Silvassa 3. The Collector of Dadra and Nagar Haveli at Silvassa. ...Appellants vs. 1. Lalia Motla Chauhan (since deceased through L.Rs.) 1/1 Umedsinh Lalsinh Chauhan 1/2 Laxmansinh Lalsinh Chauhan 1/3 Smt.Umliben Lalsinh Chauhan 1/4 Smt.Dhanuben Lalsinh Chauhan (since deceased through L.Rs.) 1/4A Shaileshbhai Babubhai Desai 1/4B Ajaykumar Babubhai Desai 1/4C Anilkumar Babubhai Desai 2. Chhibubhai Umedsinh (since deceased through L.Rs.) 2/1 Smt.Surajben Wd/of Chhibu Umed 2/2 Ukhadbhai Chhibubhai 2/3 Ranjitsinh Chhibubhai Chauhan 2/4 Fatesinh Chhibubhai Chauhan ...Respondents WITH WITH WITH 8.SECOND SECOND SECOND APPEAL NO.361 OF 1985 APPEAL NO.361 OF 1985 APPEAL NO.361 OF 1985 1. Union of India 2. The Administration of Dadra and Nagar Haveli administered by Lt.Governor and Administrtor of Dadra and Nagar Haveli at Silvassa 3. The Collector of Dadra and Nagar Haveli at Silvassa. ...Appellants vs. 1. Shamjibhai Paragbhai (since deceased through L.Rs.) 1/1 Smt.Surajbhen Wd./of Samjibhai P. Solanki (since deceased through L.Rs.) 1/1A Babubhai Shamjibhai 1/1B Smt.Gulabben Mohansinh Sisodia 1/1C Smt.Virmatiben Abhesinh Solanki 1/1D Smt.Bhartiben Pravinsinh Parmar 1/2 Babubhai Shamjibhai ...Respondents WITH WITH WITH 9.SECOND 9.SECOND 9.SECOND APPEAL APPEAL APPEAL NO.362 OF 1985 NO.362 OF 1985 NO.362 OF 1985 - 11 - 1. Union of India 2. The Administration of Dadra and Nagar Haveli administered by Lt.Governor and Administrtor of Dadra and Nagar Haveli at Silvassa 3. The Collector of Dadra and Nagar Haveli at Silvassa. ...Appellants vs. 1. Nathubhai Bhagubhai Parmar (since deceased through L.Rs.) 1/1 Jashwantsinh @ Bhanabhai Parmar 1/2 Prabhatsinh Nathubhai Parmar 1/3 Takhatsinh Nathubhai Parmar 1/4 Surendrasinh Nathubhai Parmar 1/5 Dalpatsinh Nathubhai Parmar 1/6 Balvantsinh Nathubhai Parmar 1/7 Smt.Jashodaben Parmar 2. Prabhatsinh Jaisinh Solanki 3. Chandrasinh Jaisinh Solanki (died on 27-11-1994, no L.R.) 4. Dhirajsinh Jaisinh Solanki ...Respondents WITH WITH WITH 10.SECOND 10.SECOND 10.SECOND APPEAL NO.363 OF APPEAL NO.363 OF APPEAL NO.363 OF 1985 1985 1985 1. Union of India 2. The Administration of Dadra and Nagar Haveli administered by Lt.Governor and Administrtor of Dadra and Nagar Haveli at Silvassa 3. The Collector of Dadra and Nagar Haveli at Silvassa. ...Appellants vs. 1. Ramsinh Bhika Parmar (since deceased through L.Rs.) 1/1 Bharatsinh Ramsinh (since deceased through L.Rs.) 1/1A Rajendrasinh 1/1B Harendrasinh 1/1C Vikramsinh 1/1D Virendrasinh 1/1E Smt.Bhartiben 1/1F Smt.Shakuntalaben 1/1G Smt.Padmaben Wd/of Bharatsinh 1/2 Smt.Pratimaben Wd./of Takhatsinh 1/3 Smt.Binakumari Takhatsinh Parmar 1/4 Rakeshkumar Takhatsinh Parmar 1/5 Kalpeshkumar Takhatsinh Parmar - 12 - 2. Vallabhbhai Mangalbhai Parmar 3. Manilal Govindji Rathod (died on 17-6-1987, no L.Rs.) 4. Chhibabhai Gopalbhai Parmar 5. Chhotubhai Nagarbhai Parmar (since deceased through L.Rs.) 5/1 Ghambhirsinh 6. Laxmanbhai P. Parmar (since deceased through L.Rs.) 6/1 Jitendrasinh 6/2 Smt.Chanchalben 6/3 Smt.Lataben 6/4 Smt.Ramilaben 7. Dahyabhai Parsot Parmar 8. Natubhai Parsot Parmar WITH WITH WITH 11. SECOND APPEAL NO.364 OF 1985 SECOND APPEAL NO.364 OF 1985 SECOND APPEAL NO.364 OF 1985 1. Union of India 2. The Administration of Dadra and Nagar Haveli administered by Lt.Governor and Administrtor of Dadra and Nagar Haveli at Silvassa 3. The Collector of Dadra and Nagar Haveli at Silvassa. ...Appellants vs. 1. Mangilal Chandanmalji Shah ...Respondent Mr.R.M.Agarwal for the Appellants Mr.V.Z.Kankaria for Respondents in all the Second Appeals except Second Appeal No.356 of 1985. Mr.V.A.Gangal with Mr.Harshad Deshpande for Respondent Nos.6, 6/1A, 6/1B, 6/1C, 6/1D, 6/1E, 6/2 and 6/3 in Second Appeal No.356 of 1985 CORAM CORAM CORAM : A. S. OKA,J. : A. S. OKA,J. : A. S. OKA,J. DATED DATED DATED : FEBRUARY 11,15,16,17,2005 : FEBRUARY 11,15,16,17,2005 : FEBRUARY 11,15,16,17,2005 ORAL ORAL ORAL JUDGMENT : JUDGMENT : JUDGMENT : 1. These Second Appeals were admitted by order dated 5th September 1985 by observing that the Appeals are admitted on grounds (a) to (e). Though substantial questions of law were not specifically framed at the time of admission of the Second Appeals, it is obvious that this Court was of the view that - 13 - grounds (a) to (e) raised substantial questions of law. Grounds (a) to (e) read thus :- (a) That the substantial question of law would be when the learned District Judge came to the conclusion that it was not open to the Respondents to contend that the lands were not cultivable at the time of grant of the contract of concession whether it was still proper on the part of the learned District Judge to set aside the orders of the Collector dated 19-6-1978 in view of the above finding. (b) That the substantial question of law would be when the learned District Judge came to the conclusion that the Respondents were not entitled to plead impossibility of compliance of the material terms of the contract of concession whether it was proper on the part of the learned District Judge to hold that still the order of the Collector dated 19-6-1978 will be assailable. (c) That the substantial question of law would be that in view of Article 29 of the relevant provisions of Agrarian Law which clearly lays down that the proprietary rights of the State are imprescriptible whether it was right on the part of the learned District Judge to hold that in view of acquiescence and/or latches, the Collector could not take action for the default committed after a period of about 40 years. (d) That the substantial question of law would be when the law of limitation nowhere puts any bar for taking an action whether it was proper on the part of the learned District Judge to quash the orders of the Collector taken in accordance with law under the cloak of acquiescence. (e) That the substantial question of law would be whether it was open to the Respondents to advance an altogether new plea in the civil suit when as a matter of fact the only grounds on which the earlier orders of Collector were agitated before the High - 14 - Court only on the ground of non-compliance of principles of natural justice, such as, giving hearing before passing the order under challenge and when on merits the learned District Judge did not find any fault with the order of the Collector whether it was permissible for the learned District Judge to set aside the said order on a plea that same would be hit by the factum of delay and/or acquiescence when there is no such legal bar. 2. I have heard Shri Agrawal for the Appellants in all the Second Appeals. I have also heard Shri Kankaria for the Respondents in some of the Second Appeals and Shri Gangal for the Respondents in one Second Appeal. Before referring to the submissions which are made extensively before me, it will be necessary to refer to the broad facts of the cases. 3. The Appeals are filed by Union of India and the Administration of Dadra and Nagar Haveli. The Collector of Dadra and Nagar Haveli is the Appellant no.3. The Appellants are original Defendants and the Respondents are original Plaintiffs. 4. Second Appeals relate to the lands situated in the Union Territory of Dadra and Nagar Haveli. The Respondents are the allotees of lands known as Alwara lands during the Portuguese regime. The area of Dadra and Nagar Haveli was freed from Portuguese regime in the year 1954. The lands have been granted to the Respondents and their predecessors during the period between 1922 and 1930. In the year 1969 the Collector - 15 - exercised power of the Administrator and forfeited the lands allotted to the Respondents on account of their failure to cultivate the same. The power was exercised under the Agrarian Law applicable to Dadra and Nagar Haveli which was known as ‘Organizacao Agraria’ (hereinafter referred to as "the Agrarian law"). The orders passed by the Collector were challenged by the Respondents by filing Special Civil Application No.2080 of 1969 and other connected Special Civil Applications. A Division Bench of this Court by Judgment and Order dated 17th July 1973 allowed the said Petitions and the orders passed by the Collector were quashed. It was further observed that the quashing of the orders will not affect the right of the Collector to take appropriate action under Article 12 of the Agrarian law after giving a fair and reasonable opportunity to the Petitioners. On the basis of the said order, notices were issued to the Respondents by the Collector calling upon them to show cause as to why the lands should not be forfeited. After giving them an opportunity to file reply and after giving hearing to them, on 30th April 1974, the Collector passed a common order by which Alwara lands of the Respondents were forfeited. Therefore, the Respondents in these Second Appeals filed separate suits in the Court of Civil Judge, Dadra & Nagra Haveli and Silvassa. The said suits were for declaration that the impugned orders of forfeiture passed by the Collector are arbitrary, malafide,illegal and void. The suits filed by the Respondents were decreed by the Trial Court. The Appeals preferred by the - 16 - present Appellants i.e. Union of India and Administration of Dadra and Nagar Haveli were dismissed by the Appellate Court by a common Judgment. 5. The Trial Court held that the conditions attached to Alwara lands of each of the Plaintiffs were either fulfilled or the defaults were condoned during the Portuguese regime. The trial Court also held that there was a waiver of the conditions on the part of the Portuguese administration. The learned Trial Judge recorded a finding that though the Agrarian law speaks of granting concession to use the Alwara lands, the rights granted in respect of Alwara lands in favour of the Plaintiffs are occupancy rights including right to create mortgage, right to cultivate and right to continue in possession on payment of fixed assessment. The Appellate Court held that it was not open for the Plaintiffs to contend that the lands were not cultivable at the time of granting contract of concession and that it was not open for the Plaintiffs to plead impossibility of compliance of the material terms of contract of concession. The Appellate Court however held that their was implied consent on the part of the Authorities about the violation of material conditions of the contract of concession. The Appellate Court also held that there was acquiescence on the part of the Appellants. The Appellate Court also held that there cannot be any condonation but inference of acquiescence can be drawn because there was implied consent as a result of long inaction on the part of - 17 - the Authorities. 6. Shri R.M.Agrawal, learned Counsel for the Appellants in all the Appeals has made extensive submissions. He submitted that apart from the grounds (a) to (e) of the Memorandum of Appeal, five substantial questions of law arise : (a) The substantial question of law would be whether it would be right to hold that forfeiture of the Alwara lands held by the Respondents was bad in law when admittedly there is a breach of Article 12 and when there is no limitation prescribed in that regard ? (b) The substantial question of law would be whether the principles of waiver, estoppel and/or acquiescence could be applied in the instant cases when admittedly the State acts through human agency and when no direct clinching evidence is led to attribute either waiver or estoppel or acquiescence ? Moreover, as held by the Apex Court in AIR 1977 S.C. 1691 - to take the plea of waiver against the Government is an uphill task. (c) The substantial question of law would be whether in the light of the Judgment reported in 1996 (5) Bom.C.R., page 405, which is the Judgment delivered by a Bench presided over by Justice Kamat, whether the courts below can be said to be correct in allowing the claim of the Respondents. (d) That in view of Article 27, even when forfeiture is effected under the provisions, no compensation is required to be paid and in that view of the matter also the substantial question of law would be whether the courts below are right in upholding the claim of the Respondents ? (e) The substantial question of law would be as to in view of provision of Section 13 of the C.P.C. what would be the evidentiary value and admissibility of the Judgment of the - 18 - Supreme Court of Lisbon at Exh.51, which will have bearing in its own case and the reasoning given therein can hardly be of any avail to the Respondents, who are not the party to the said suit. He submitted that there cannot be any estoppel against the statute. He relied upon the various Judgments of the Apex Court and this Court in support of his submissions. He submitted that the plea of acquiescence was not pleaded by the Respondents-Plaintiffs in the Trial Court and the same has been raised for the first time in the Appeal in the District court. He submitted that in any event there was nothing on record to prove the acquiescence. In so far as finding regarding waiver is concerned, relying on various decisions of the Apex Court, he submitted that there was nothing to show that the Appellants abandoned their rights under the law to take action of forfeiture. He has relied upon various articles of the Agrarian law. I have made detailed reference to various decisions relied upon by Shri Agrawal in the later part of this Judgment. The substance of the submissions is that when a power is conferred on the Appellants to take action of forfeiture, unless it is proved that right to exercise the said power has been abandoned, there cannot be any waiver. He submitted that in Petitions filed under Article 226 of the Constitution of India against earlier orders of forfeiture passed against the Respondents/Plaintiffs, the only contention raised by the Respondents in the said Petitions was that opportunity should - 19 - have been given to the Respondents to prove that uncontrolable circumstances prevented them from complying with the terms of Article 12 of the Agrarian law. He submitted that more or less identical reply to the show cause notice was submitted by all the Plaintiffs before the Collector and the only contention raised was that the Respondents/Plaintiffs were prevented from cultivating the lands and grass was being cultivated on the same. 7. Shri Kankaria, learned Counsel for the Respondents in some of the Second Appeals has