Displaced Persons

Goa Administration of Evacuee Property Act, 1964 (6 of 1964)

— S. 15 — Restoration of evacuee property — Order of competent authority — Compliance with principles of natural justice — Question of title to the property to be decided by civil court — Application filed by respondent before Custodian for declaring the property as non-evacuee property and for restoration of possession thereof in her favour — Application dismissed but review petition allowed — Order passed on the review petition set aside by Govt. of Goa — Respondent questioning the Govt.'s order before High Court — High Court opined that order of competent authority dismissing the application as well as the order on the review petition were not passed in terms of S. 15 and as such they were void ab initio — High Court directed that the matter be reconsidered by Govt. or an authorised officer — While issuing the direction, High Court entered into a side issue, namely, title of the successor of Respondent 1, after her death, although dispute regarding title to the property was pending decision in civil suit — Held, High Court in writ proceeding erred in going into disputed question of title and should have allowed civil court to go into that question — Scheme of the Act also shows that question of title can be determined by civil court and not by administrator or Govt. of Goa — Therefore, civil court should first dispose of the suit expeditiously preferably within 6 months and thereafter appropriate authority shall consider the application of respondents — It would be open to the parties to raise all contentions before the authority — However, since appellant claiming title over the property had not been heard before Custodian and in case of restoration of the property in favour of respondent, he would suffer substantial injury, he may be heard in the said proceeding — Though statute may not contain any explicit provision to hear a third party but it is not excluded and principle of natural justice and that of pro interesse suo would be applicable in such a situation, (2006) 7 SCC 740