LOVIN FERRAO Vs. STATE OF GOA

JUDGEMENT

(1.) RULE return able forthwith. Heard by consent.

(2.) THE petitioners have challenged the Notification dated 9.5.2003 issued under Section 4-A of the Land Acquisition Act and the Notification dated 10.3.2004 under Section 4 of the Land Acquisition Act in respect of the acquisition of Survey No.40/14 in village Dramapur, Sirlim, Salcete, Goa. The petitioner No.1 claims to be the owner of the land under a Decree dated 4.8.89 against the Comunidade of Sirlim in respect of the land. The petitioner No.2 claims to be the owner in possession of Survey No.45/2 (part) in village Dramapur.

(3.) THE main contention of the petitioners is that the acquisition is vitiated by malafides, in that it is at the instance of the respondent No.4 who is a Cabinet Minister in the Government of Goa. The allegation in brief is that the respondent Nos.5 and 6 i.e. the mother and son respectively are staunch supporters of the Minister and the respondent No.6 has been the polling agent of the Minister during the last Legislative Assembly elections. The petitioner's claim is that the respondent - Minister has initiated the acquisition of the said land in order to help the respondents No.5 and 6. The respondents had initiated a Civil Suit and in the Civil Suit had sought for an injunction in respect of the right of way against the petitioners. This injunction application was dismissed on 24.8.2000. The appellate Court dismissed the appeal on 28.11.2002. The petitioners contend that in order to vindicate their stand in the Civil Suit, the respondent have, through the Respondent No.4-Minister brought about the acquisition proceedings.