LAWS(BOM)-2010-5-29

IBALDO ALVITO GOMES Vs. STATE OF GOA

Decided On May 03, 2010
IBALDO ALVITO GOMES Appellant
V/S
STATE OF GOA Respondents

JUDGEMENT

(1.) Heard. Rule, made re-turnable forthwith. By consent taken up for final hearing.

(2.) The petitioners - heirs of the agricul-tural tenants in respect of agricultural land bearing Survey No. 95/11, 95/3 and 95/4 of village Nuve are seeking writ of Mandamus commanding the respondents / the State and its officials to withdraw the notifications dated 5.9.2007 and 5.2.2009 concerning the ac-quisition of the said lands under sections 4 and 6 of the Land Acquisition Act, 1894 (here-inafter referred to as 'the Acf) respectively.

(3.) Notification dated 5.9.2007 under sec-tion 4 of the said Act admittedly declared the intention of the respondent / State to ac-quire all those pieces and parcels of land to-tally admeasuring 50675 square metres in-cluding the aforesaid lands at village Nuve for development of Government village school playground at Nuve and to take steps in that regard at the instance Directorate of Sports and Youth Affairs, Panaji. The petitioners responded to the said notification with the ob-jections dated 5.10.2007 to the proposed ac-quisition of the said land.