VINODKUMAR SHANTILAL GOSALIA versus GANGADHAR NARSINGDAS AGARWAL & ORS.

Citation: [1982] 1 S.C.R. 392 · Decided: 26-08-1981 · Supreme Court of India · Bench: Y.V. CHANDRACHUD · Disposal: Appeal(s) allowed
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Judgment (excerpt)

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392 
~VINODKUMAR SHANTILAL GOSALIA 
v. 
GANGADHAR NARSINGDAS AGARWAL & ORS. 
August 26, 1981 
(Y. V. CHANDRACHUD, C. J., S. MURTAZA FAZAL ALI AND 
A.O. KOSHAL, JJ.J 
Goa, Daman and Diu Administration Act, 1962 ( 1 of 1962) S. 5(i); Goa, 
Daman and Diu (Laws) Regulation 1962 (12 of 1962) S. 2(a), 3(1) and 4(2); 
Mines and Mineral (Regulation and Derelopn1ent) Act, 1957, S. 4 and Mineral 
Concession Rules 1960, Rule 38-Scope of. 
Mining rights in Goa, Daman and Diu-Title of manifest obtained frorn 
Portuguese Colonial Government-Purchased from Manifestor-App/icatton for 
mining concession made-Application pending conJideration-Acquisition o,f Goa by 
India-Rights accrued under Portuguese law whether suriiive-Whether can be 
enforced against the new Government. 
Words and Phrases-' Legal Proreedings'-Meaning of-Goa, Daman and 
Diu (law) Regulation 1962, S. 4(i). 
Matters relating to grant, transfer and vesting of m1n1ng rights in Goa, 
Daman and Diu during the Portuguese rule, were gov~rnment by the "Portuguese 
Colonial Mining Laws". Under those laws a person could, make a declaration" 
in writing stating that "he has discovered a mineral deposit". Such a declaration 
was called a "Mining Manifest" and the person making the declaration was 
called a "Manifestor". The object of making a Mining Manifest was to acqllire 
mining rights from the Government in respect of the area covered by the 
Manifest. On verification, the concerned authorities would prepare a "Notice 
of Manifest". The Notice of Manifest was an acknowledgment by public 
authorities of the authenticity of the Mining Manifest and it was a step-in-aid to 
the grant of mining rights. The Notice of Manifest was foUowed by the grant 
of "Title of Manifest", "a certificate in terms of the note of manifest pertaining 
to the legal right to concession", and entitled the manifestor to a "Mining 
Concession" under which he was permitted "to explore a mining property and 
to enjoy thereon all mining rights". The mining concession was 'unlimited in 
duration as Jong as the concessionaire complied with the conditions which the 
law and title of concession imposed on him". 
Article 119 of the Portuguese Colonial Mining Laws provided that a 
"prospecting license" was not transferable but by article 120, a Title of Manifest 
was transferable by simple endorsement on the original title, duly executed in 
terms of Article 60. 
The territories comprised in Goa, Daman and Diu under the Portuguese 
rule were annexed by the Government of India by conquest on December 20,. 
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V.S. GOSALIA V. G.N. AGARWAL 
393 
1961. These territories became a part of India, and for the purpose of m1king 
provision for their administration, the President of India, promulgated on March 
5, 1962 the Goa, Daman and Diu (Administration) Ordinance. On March 27, 
1962 the Indian Parliament enacted the Goa, Daman and Diu lAdministration) 
Act 1of19621eplacing the aforesaid ordinance with effect from March 5, 1962. 
On the same date, Parliament enacted the Constitution (Twelfth Amendment) 
Act, 1962 whereby Goa, Daman and Diu were added as Entry 5 in Part II of the 
First Schedule to the Constitution, and as clause (d} in Article 240 of the 
Constitution, with retrospective effect from December 20, 1961. Goa, Daman 
and Diu thus became a part of the Union Territories of Iadia with effect from 
the date of their annexation by conquest. 
On November 28, 1962 the President promulgated the Goa, Daman and 
Diu (Laws) Regulation No. 12 of 1962. The various Acts specified in the Schedule 
to the Regulation were extended to Goa, Daman and Diu, one of such Acts 
being the Mines and Minerals (Regulation and Development) Act, 1957. S:ction 
4 of the Regulation provided for the repeal and saving of l1ws. 
By a notification 
issued by the Lt. Governor of Goa, Daman and Diu under section 3 of the 
Regulation, the Mines and Minerals (Regulation and Development) Act, 1957 
and the Mineral Concession Rules, 1960, were made applicable to Goa, Daman 
and Diu with effect from October 1, J963. 
On September 5, 1958 one "K" obtained four Titles of Manifest from the 
Portuguese Government, and sold those Manifests to Respondent No. 1 some~ 
time in 1959. The sale was in conformity with the Portuguese Laws and was 
duly attested by a Notary Public in Goa. On Septe1nber 4, 1959, Respondent 
No. 1 made four applications, one in respect of each Manifest, to the Governor 
General of Portugal, for
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