AGNELO LOPES Vs. STATE OF GOA

JUDGEMENT

(1.) Heard Mr. J. Vaz alongwith Mr. T. Vaz, learned counsel for the Petitioners, Mr. N. Sardessai, learned Senior Advocate alongwith Ms. G. Kamat, learned counsel for Respondent No.4 and Mr. P. Faldessai, learned Additional Government Advocate for Respondent Nos.1 to 3.

(2.) The challenge in this petition is to the Notification dated 16th December, 2009 issued under Section 6 of the Land Acquisition Act, 1894 (the said Act) proposing to acquire the Petitioners' property bearing survey Nos.9/14 and 9/20, Deussaua, Salcete Goa for the purported public purpose of construction of road at 2nd Palvem- Chinchinim under Survey Nos.9/5, 14, 15, 16, 18, 19, 20 in Village Panchayat of Chinchinim - Deussua in Salcete Taluka.

(3.) Mr. J. Vaz, learned counsel for the Petitioners submits that the proposed acquisition is initiated malafide at the instance of the Respondent No.5 and involves no public purpose whatsoever. He points out that the earlier acquisition in the same locality was dropped after an unfavourable Section 5A, Land Acquisition Act, 1894 (the said Act) report. Thereafter, this time, an officer from the Ministry that is headed by the Respondent No.5 was appointed as a Special Land Acquisition Officer. This officer has submitted a biased report without application of mind or taking into consideration the objections by at least five out of the alleged thirteen households who are alleged to be benefited by the acquisition and road proposed by the Respondent No.4-Panchayat.