PRABHATSINH JAISINH SOLANKI .(D) THROUGH LRS vs UNION OF INDIA MINISTRY OF HOME AFFAIRS SECRETARY — C.A. No. 1484/2006
Case under 3102_3Jj-land Laws, Agricultural Tenancy, Land Revenue : Three Judge Matter Section III. Status: DISPOSED.
CNR: SCIN010182832005
Filing Date
24-Aug-2005
Registration No
C.A. No. 1484/2006
Diary Number
18283/2005
Order Date
24-Sep-2025
Document Type
Judgement - of Main Case
Disposal Type
Dismissed
Data as of 30-Jun-2026
Acts & Sections
Petitioner(s)
PRABHATSINH JAISINH SOLANKI .(D) THROUGH 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 Case: C.A. No. 001484/2006 - PRABHATSINH JAISINH SOLANKI (D) THROUGH LRS v. UNION OF INDIA Court: Supreme Court of India Decision: The Supreme Court dismissed all appeals challenging the High Court's judgment, upholding the Collector's 1974 order rescinding land grants (Alvaras) in Dadra and Nagar Haveli for non-compliance with cultivation conditions. Key Holdings: 1. Governing Law: The Organic Structure of Lands of Nagar Haveli (OA) exclusively governs these land rights; contentions about the 1917 Portuguese Law were rightly rejected as belatedly raised. 2. No Waiver/Acquiescence: The principles of waiver and acquiescence cannot override mandatory statutory provisions rooted in public interest. Mere administrative delay does not constitute waiver without clear intentional abandonment of rights. 3. High Court's Authority: The High Court properly exercised jurisdiction under Section 100 CPC by correcting the lower courts' misreading of legal principles regarding waiver and the Overseas Council judgment. 4. Collector's Order Valid: The 1974 rescission order was reasoned, fair, and not mala fide—conditions precedent for land cultivation were not satisfied within required periods. 5. Land Reforms Regulation (1971): Does not retroactively invalidate proceedings initiated under the repealed OA; saving clause preserves ongoing legal proceedings. Outcome: Appeals dismissed; status quo order vacated. Liberty reserved for applicants to seek occupancy rights within 6 weeks. This case analysis is maintained by casestatus.in based on publicly available court records.
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