STATE OF GOA versus NARAYAN V. GAONKAR & ORS.

STATE OF GOA versus NARAYAN V. GAONKAR & ORS.

The Court allowed the State's counter-claim and directed deletion of the plaintiffs' names from the occupant column of survey No.11/1 because (i) the plaintiffs' objection was withdrawn on 20.10.1975 and no decision in their favor was recorded, yet their names were added to Form III without jurisdiction contrary to Rule 6(6) of the 1969 Rules; (ii) published revenue records and a Gazette notification together with the mining lease supported that the area was forest land recorded as 'Forest Department'; and (iii) matriz entries do not constitute title and the plaintiffs failed to disclose the 1975 correction proceedings in their suit.

Parties
Appellant/defendant: State of Goa; Respondents/plaintiffs: Narayan V. Gaonkar & Ors.
Jurisdiction
India
Judgment Date
04 March 2020
Procedural Posture
Civil Appeal / Appeal to the Supreme Court From Judgment of the High Court of Bombay at Goa
Outcome
Appeal allowed; counter-claim of the State allowed
Legal Topics
Declaration of Title, Correction of Records, Index of Lands, Counter Claim, Mining Lease
Land Revenue Forest Law Property Law Declaration of Title Correction of Records Index of Lands Counter Claim Mining Lease

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Parties

State of Goa

Appellant/defendant

Narayan V. Gaonkar & Ors.

Respondents/plaintiffs

Procedural Posture

Civil Appeal / Appeal to the Supreme Court From Judgment of the High Court of Bombay at Goa

Legal Issues

  1. 1 Whether the counter-claim by the State to delete the plaintiffs' names from the occupant column of survey No.11/1 and to record Forest Department as sole occupant should be allowed
  2. 2 Whether the plaintiffs proved title to survey No.11/1
  3. 3 Whether the addition of plaintiffs' names to Form III/Index of Lands after withdrawal of their objection was lawful

Ratio Decidendi

The Court allowed the State's counter-claim and directed deletion of the plaintiffs' names from the occupant column of survey No.11/1 because (i) the plaintiffs' objection was withdrawn on 20.10.1975 and no decision in their favor was recorded, yet their names were added to Form III without jurisdiction contrary to Rule 6(6) of the 1969 Rules; (ii) published revenue records and a Gazette notification together with the mining lease supported that the area was forest land recorded as 'Forest Department'; and (iii) matriz entries do not constitute title and the plaintiffs failed to disclose the 1975 correction proceedings in their suit.

Court Disposition

Appeal allowed; counter-claim of the State allowed

Orders

  • Counter-claim in Suit No.64 of 1995 allowed
  • Delete the names of the plaintiffs-respondents from the occupant's column in survey No.11/1, Sulcorna Village, Quepem Taluka, District Goa