JOAO MASCARENHAS Vs. STATE OF GOA

JUDGEMENT

(1.) Rule. Rule is made returnable and heard forthwith.

(2.) This writ petition can be disposed of on the preliminary point. It is an admitted position that the report under Section 5A of the Land Acquisition Act, 1894 was prepared by an officer other than the officer who heard the petitioner in respect of the objections raised under Section 5A. The petitioner did not have the benefit of making submissions and of being heard by the Officer who made the report. The report is, therefore, not sustainable.

(3.) In the circumstances, the Rules is made absolute in terms of prayers (a) and (b) limited to the notification under Section 6 of the Act and only in respect of the petitioner's property. All other rights and contentions are kept open. There shall be no order as to costs.