SHAMJIBHAI PARAGBHAI (D) BY LRS. . vs UNION OF INDIA MINISTRY OF HOME AFFAIRS SECRETARY — C.A. No. 1482/2006
Case under 3102_3Jj-land Laws, Agricultural Tenancy, Land Revenue : Three Judge Matter Section III. Status: DISPOSED.
CNR: SCIN010182702005
Filing Date
24-Aug-2005
Registration No
C.A. No. 1482/2006
Diary Number
18270/2005
Order Date
24-Sep-2025
Document Type
Judgement - of Main Case
Disposal Type
Dismissed
Data as of 30-Jun-2026
Acts & Sections
Petitioner(s)
SHAMJIBHAI PARAGBHAI (D) BY LRS. .
Adv. SHIVAJI M. JADHAV
Respondent(s)
UNION OF INDIA MINISTRY OF HOME AFFAIRS SECRETARY
Hearing History
Judge: HON'BLE MR. JUSTICE SURYA KANT, HON'BLE MR. JUSTICE DIPANKAR DATTA and HON'BLE MR. JUSTICE NONGMEIKAPAM KOTISWAR SINGH
Next Week / Week Commencing / C.O.Week
Fixed Date by Court
Fixed Date by Court
Fixed Date by Court
Fixed Date by Court
| Date | Purpose |
|---|---|
| 24-Sep-2025 | Next Week / Week Commencing / C.O.Week |
| 22-Jul-2025 | Fixed Date by Court |
| 21-May-2025 | Fixed Date by Court |
| 19-May-2025 | Fixed Date by Court |
| 15-May-2025 | Fixed Date by Court |
Orders in this case
Common Record of Proceedings — heard with connected matters
Lead case: C.A. No. 1479/2006
Summary of C.A. No. 001482/2006 (Shamjibhai Paragbhai v. Union of India) The Supreme Court of India dismissed the appellants' challenges to their land rescission orders dated 30.04.1974, upholding the High Court's decision. The Court ruled that land grants ('Alvaras') issued by the Portuguese government in Dadra and Nagar Haveli under the Organic Agricultural Regulation (OA) were validly rescinded for non-cultivation under Article 12, which mandates cultivation within specified periods. Rejecting pleas of waiver, acquiescence, delay, and impossibility, the Court held that mandatory statutory conditions protecting agricultural development cannot be waived by government inaction. The Collector's inspection-based order was found reasoned and free from mala fides, with the Court emphasizing that principles of public policy preclude waiving land cultivation obligations. This case analysis is maintained by casestatus.in based on publicly available court records.
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