THE COMMUNIDADE OF DAVORLIM, THROUGH ITS ATTORNEY MR. SYLVESTER NIASSO Vs. THE STATE OF GOA THROUGH ITS CHIEF SECRETARY AND ANOTHER

JUDGEMENT

(1.) BY this petition under Article 226 of the Constitution of

(2.) THE petitioner is the owner of a land bearing Survey No.16/1 of Village Davorlim of Salcete Taluka. The petition is by the Communidade and challenges the proposed acquisition of this land.

(3.) LEARNED Counsel appearing on behalf of the petitioner submitted that the petitioners were handicapped inasmuch as the Goa, Daman and Diu Land Acquisition Rules, 1972 contemplate that the procedure for hearing objections under Section 5A of the Act must be meaningful and purposeful. Inviting our attention to sub -rule (3) of Rule 4, it is contended that the specific objections not only pertain to the genuineness of the notified public purpose, its suitability for the same, but that the area proposed being excessive and that the objectors' land has been selected maliciously and vexatious and finally the acquisition will destroy or it will impair historical or artistic monuments and places of public resort or will take away important public rights of way or other convenience or will desecrate religious buildings, graveyards and the like. It is submitted that the notified area is excessive. Further what is meant by Multipurpose Utility Project has not been clarified, although for raising objections the petitioners had requested for requisite information by invoking the provisions of Right to Information Act, 2005. The letter dated 30th June, 2010 has been replied by the second respondent, informing the petitioner that there is no report of the Multipurpose Utility Project for which the land was sought to be acquired.