JOHN PHILIP PEREIRA Vs. STATE OF GOA

JUDGEMENT

(1.) This writ petition is filed as a public interest litigation. Respondents No.2 to 7 are the Air Port Authority of India, Union Ministry for Civil Aviation, the Mormugao Planning and Development Authority, the Flag Officer Commanding of Goa Naval Area, the Collector, South Goa, Margao and the Special Land Acquisition Officer. Respondent Nos.8(a) to 8(s) and (s-1) to (s-37) are the owners of the property which is the subject-matter of this petition. Respondent Nos.9 and 10 are Saroj Real Estate Developers and one Aniruddh Mehta who carries on business in the firm name and style of "M/s. Umya Builder and Developers" as the sole proprietor thereof.

(2.) The petitioner seeks a writ of certiorari, quashing a notification dated 16th March, 2011 under Section 48(1) of the Land Acquisition Act, 1894 withdrawing from acquisition the land which is the subject-matter of this petition and an order quashing the entire decision making process taken on 14th February, 2011 and 9th March, 2011, leading to the notification under Section 48(1). The petitioner has also sought consequential reliefs challenging development and/or sale agreements entered into between the original respondent No.8 and/or respondent No.9 with third parties and orders setting aside the permissions granted by various authorities for development of the property.

(3.) The learned Advocate General raised a preliminary objection. He was supported by the learned Counsel appearing on behalf of all the other respondents. They contended that even assuming that the petitioner succeeds in having the notification under Section 48(1) set aside, it would make no difference as, in any event, the acquisition proceedings have lapsed in view of Section 11A of the Act.