APPA BABLO GAONKAR Vs. STATE OF GOA

JUDGEMENT

(1.) RULE.

(2.) RESPONDENTS waive service. Heard forthwith.

(3.) RESPONDENTS have filed their Affidavit-in-reply. It is their contention that they propose to acquire the land. Funds have to come from the Union of India. It is in these circumstances that the land has not been acquired. Considering the material on record, in our view, the Petition can be disposed of by issuing the following directions: - 1. The respondents shall acquire the entire balance area of 510600 sq. metres owned by the petitioners (14 families) from the survey No.60/2 of village Nandran. The respondent shall pass the award in respect of the same, under the Land Acquisition Act, and in accordance with the provisions of the said Act, on or before 31.3.2001. However, the respondents shall not take possession of the said acquired land before the expiry of 31.3.2002. 2.The respondents shall allot a plot of 300 sq. metres of land to each of the families of the petitioners (14 families) for relocating them by construction of their respective houses, outside the boundary of the Bhagwan Mahavir Wild Life Sanctuary and Molem National Park, in the land surveyed under No.29/1 of Village Molem in Sanguem Taluka. The total area of the plots to be allotted to 14 families for their relocation shall be 4200 sq. metres (14 x 300 sq. metres ). The construction of their respective houses in the allotted plots shall be done by the allottees at their own expenses. 3. The individual plots shall be demarcated and connected with proper internal roads and the houses constructed thereof shall be supplied with the electricity and water connections. 4.Besides the allotment of the plots as aforesaid, an area of 1000 sq. metres of land shall also be allotted by the respondents to the petitioners, in the said survey No.29/1 for the purpose of shifting and constructing of the temple presently existing in the village Nandran for the construction of which the financial resources would be met by the villagers. 5.Besides the aforesaid allotment, an area of 3000 sq. metres of land from the same survey no. 29/1 shall also be allotted to the petitioners by the respondents for the purpose of providing a play ground or for other recreational activities. 6.3Each of the 14 families shall be compensated initially with Rs. 1 lakh each as compensation so as to enable them to undertake the construction of their respective new houses at the relocated place, which amount of Rs. 1 lakh shall be deducted from the final monetary claims of the petitioners (14 families) to be awarded while passing the Land Acquisition Award in respect of the petitioners' land admeasuring 510600 sq. metres to be acquired from survey No.60/2 of village Nandran. 7.While making the aforesaid allotment namely individual plots of 300 sq. metres each, 1000 sq. metres for the temple and 3000 sq. metres for the play ground if an additional area of land is required to be allotted for he purpose of constructing proper roads or keeping the open space in terms of the Rules and Regulations applicable, the respondents shall also allot the same additional area to the petitioners from the said survey No.29/1. 8.While computing the final monetary claim of the petitioners at the time of passing of the Land Acquisition AWARD, as far as the land is concerned, the petitioners shall be entitled to be paid compensation to the entire area of their land acquired namely 510600 sq. metres except the area of the land that shall have been allotted to them interims of clauses 3, 5, 6 and 8 above. 9.The allotment of land for the relocation of the petitioners, as aforesaid shall be made by the respondents as expeditiously as possible and not later than 31.3.2001. 10.The amount of Rs. 1 lakh i. e. the total amount of Rs. 14 lakhs to be given to the petitioners (14 families) in terms of clause 7 above shall be paid in the Savings Bank Account No.2559 in the Corporation Bank, Molem Branch on or before 31.3.2001, which is a joint account in the name of all the petitioners, being operated by the petitioner No.1, 6 and 10 on behalf of all the petitioners. 11.The petitioners are permitted to shift the material of their existing houses for the purpose of constructing their new houses in the plots which shall be allotted to them by the respondents for their relocation. 12.The petitioners are permitted to enter into, cultivate and enjoy the existing crops from their property surveyed under No.60/2 of the village Nandran till their rights are finally decided and till the final compensation is paid to them. 13. The total amount of all the 14 families towards the final compensation shall be also deposited by the respondents in the said Savings Bank Account No.2559 in Corporation Bank, Molem Branch. 14. The respondents shall give preferences to the petitioners in employment in the forest department as and when the vacancies arise. 15. Till the final claims of the petitioners are settled and the final compensation is paid to them, the directions issued by the respondents to the Village Panchayat at Molem as also be any other authorities directing them to disallow any further development in the said land admeasuring 510600 sq. metres from the survey no. 60/2 at Village Nandrona shall be suspended and shall not be acted upon.