SIRAJ AHMED A BUDDASHET Vs. STATE OF GOA

JUDGEMENT

(1.) THE petitioner challenges the acquisition of part of Survey No. 154/2 admeasuring 4075 sq. mts. and part of Survey No. 154/3 admeasuring 8,900 sq. mts. which was notified vide Notification dated 31st May, 1995, under section 4 of the Land Acquisition Act, 1894, and Notification dated 12th August, 1996, under section 6 of the Land Acquisition Act. The petitioner claims that Survey No. 154/2 has been inherited by him vide Deed of Partition dated 3rd July, 1971 and Survey No. 154/3 was leased to his father by Santa Casa de Misericordia de Goa and that the petitioner continues to be lessee of the said Survey No. 154/3. According to the petitioner these two properties are agricultural properties and there exist various fruit bearing trees therein.

(2.) LEARNED Counsel for the petitioner has urged before us that the challenge to the acquisition is basically on two grounds, namely :---

(3.) ON the other hand, learned Government Advocate submitted that insofar as Survey No. 154/3 is concerned, the petitioner has no locus standi, since all assets and properties of Santa Casa de Misericordia de Goa vest in the Government by virtue of the Government Notification dated 16th August, 1963, which is at Exh. R. 1. It is then pointed out that in terms of section 56 of the Goa, Daman and Diu Agricultural Tenancy Act, 1964, no claim of tenancy of the petitioner can be entertained as the provisions of the Tenancy Act are not attracted to land which vests in the Government. In respect of Survey No. 154/2, it is urged that compensation has already been awarded to the petitioner and others in respect of acquisition of the same.