(1.) Heard Mr. Shivan Desai for the Petitioner and Mr. D. Pangam, learned Advocate General who appears along with Mr. Pravin Faldessai, learned Additional Government Advocate for the State.
(2.) The Octogenarian Petitioner questions the constitutional validity of the Goa (Allotment of Plots of Certain Displaced Persons) Act, 2016 (impugned Act) and acquisition of his property admeasuring 35,690.75 sq. mtrs. at Aquem, Salcete, Goa (said property) against the offered compensation of Rs.1,37,052.00. The impugned Act is single-person legislation; it acquires only the Petitioner's property and not others. Accordingly, the Petitioner has applied for restoration of vacant and encumbrance-free possession of the said property. In the alternative, the Petitioner has prayed for a direction to the State to acquire the said property under the Right to Fair Compensation Act, 2013 (2013 Act) and/or pay compensation corresponding to the prevailing market value at the time of actual acquisition, i.e., as of 27/9/2016.
(3.) There is no dispute about the Petitioner being the owner of the said property. By Order dtd. 14/1/1964, the Administrator of the then Union Territory of Goa, Daman, and Diu requisitioned the said property under Sec. 29 of the Defence of India Act, 1962 for accommodating about 40 to 50 persons who were displaced due to the acquisition of their properties for establishment of 2 STC (3 Military Training Regiments) at Salcete, Goa. However, for a long time, i.e., up to 19/5/1991, even the compensation for such requisition was not determined.
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