In a landmark ruling that settles decades of legal uncertainty over colonial-era land grants, the Supreme Court dismissed a batch of appeals challenging the rescission of agricultural land allotments made under Portuguese law in Dadra and Nagar Haveli. The judgment, delivered in Divyangnakumari Harisinh Parmar (Dead) v. Union of India & Others 2025 INSC 1145, affirms the validity of administrative actions taken in the 1970s and clarifies the legal status of such grants post-liberation.
The case revolved around Alwaras—land grants issued between 1923 and 1930 under the Portuguese Organic Agrarian Regulation (OA). These grants, though perpetual in nature, were conditional on continuous cultivation. Following the territory’s liberation in 1954 and formal integration into India in 1961, the Indian administration recorded these lands and continued recognizing the grantees. However, in 1974, the Collector rescinded several grants, citing non-compliance with cultivation obligations under Article 12 of the OA.
Descendants of the original grantees challenged the rescission through civil suits and writ petitions. While the Trial Court and First Appellate Court ruled in their favor—holding that the administration had waived its rights through prolonged inaction—the High Court reversed these findings. The matter reached the Supreme Court in 2006 and was finally adjudicated on September 24, 2025.
● The apex court held that the OA governed the grants and clearly permitted rescission for non-cultivation without requiring formal proceedings.
● It rejected the appellants’ reliance on other Portuguese laws, noting that these arguments were raised for the first time and were therefore inadmissible.
● The Court also emphasized that public interest in agricultural development precluded any waiver or condonation of statutory obligations.
In a significant clarification, the Court ruled that the Dadra and Nagar Haveli Land Reforms Regulation, 1971, did not override the Collector’s rescission orders, as the proceedings had commenced before the Regulation came into force. However, the bench granted liberty to the appellants to apply for occupancy rights under the 1971 Regulation within six weeks.
The judgment is expected to have wide-ranging implications for land tenure in former Portuguese territories and may influence pending disputes in Goa and Daman & Diu. Legal experts hailed the decision for its clarity on colonial legal legacies and its reaffirmation of administrative authority in post-colonial transitions.
The Court also disposed of related interlocutory applications filed by the National Highways Authority of India (NHAI), which had sought directions regarding land acquisition in the disputed parcels.
With this ruling, the Supreme Court has closed a long (50-year-old) chapter in the legal history of Dadra and Nagar Haveli, balancing historical continuity with statutory compliance and public interest.
Case Details: Divyangnakumari Harisinh Parmar (Dead) v. Union of India & Others 2025 INSC 1145
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Written By: Tannu Singh
Lawcutor 