STATE OF GOA, THROUGH ITS CHIEF SECRETARY, PANAJI GOA - 403001 Vs. UNION OF INDIA THROUGH ITS SECRETARY, MINISTRY OF SHIPPING, ROAD TRANSPORT AND HIGHWAYS, GOVERNMENT OF INDIA, TRANSPORT BHAVAN, NEW DELHI-110001 AND ORS.

JUDGEMENT

(1.) THE Misc. Civil Application by the State of Goa prays for the following reliefs:

(2.) IT is stated that NH -17B was to be constructed in a length of 18.30 kms from Verna Junction on NH -17 to Sada junction near Mormugoa Port Trust (MPT). Out of the said 18.3 kms, the work from 0.00 kms to 13.10 kms i.e. from Verna junction to Varunapuri junction was already executed. The Writ Petition sought for completion of the balance stretch of road of 5.20 kms from 13.10 kms to 18.30 kms.

(3.) THE affidavit was filed on behalf of the State Government on 2nd April, 2007 in the Writ Petition indicating further progress. The Writ Petition was placed before a Division Bench of this Court on 16th April, 2007 and the directions of the Division Bench are then reproduced. The final order in the Writ Petition dated 28th November, 2007 is then referred to. After the order passed on 21st August, 2008, it was pointed out that at the time of the order dated 21st August, 2008, the total stretch of 4.02 kms was handed over to NHAI and different stretches as set out in para 11 of the application is not handed over. It is stated that for rehabilitation of 256 project affected persons (PAP's), the work for construction of 4 buildings was already commenced. It is also part of the record that for rehabilitation of 40 PAP's belonging to the fishermen community, the MPT was to construct a building in the land identified as Joshibhat for their rehabilitation. It is submitted that this application is now necessitated for modification of the order dated 16th July, 2007 and dated 28th November, 2007 in view of the subsequent developments.