MR. ARTHUR MARTINS, MAJOR OF AGE, SON OF LATE JOSE FRANCISCO MARTINS AND HIS WIFE AND ORS. Vs. THE LAND ACQUISITION OFFICER, DEPUTY COLLECTOR, COLLECTORATE, SOUTH GOA, MARGAO, GOA AND ORS.

JUDGEMENT

(1.) HEARD Shri Nigel Da Costa Frias, the learned counsel for the petitioners, Shri S. S. Kantak, learned Advocate General, on behalf of the respondents no. 1 to 3 and Shri Sudesh Usgaonkar, the learned counsel for the respondents no. 5 and By this petition under Article of the Constitution of India, the petitioners have challenged the Notifications dated 11/09/1995 and 07/08/1997, respectively, under Sections and 6 of the Land Acquisition Act,1894 ('the Act') as also the award dated 24/12/1999 passed by respondent no. 1.

(2.) THE petitioners claim to be owners/ agricultural tenants/ mundkars of lands under survey numbers, mentioned at Annexure "A" and situated in village Orlim. The Forms No. I & XIV in respect of those lands are at Exhibit A/colly.

(3.) ACCORDING to the petitioners, the acquisition is not in public interest but is a colourable, arbitrary and malafide exercise of power by the respondents no. 1 to 3 solely to benefit the respondents no. 5 and 6; that there was no order under Section of the Act; that some of the petitioners were not served with notices under sections and of the Act; that the last date of publication of the Notification under section of the Act, was not 26/12/97 but was some time prior and that the said date has been inserted into the letter dated 4/12/99 only to bring the award within the limitation period of 2 years; and that the possession of the acquired land has not yet been taken. The petitioners have also sought to explain as to why there is delay in approaching the Court.