SILVESTRE D SOUZA Vs. STATE OF GOA

JUDGEMENT

(1.) Heard Mrs. Agni, learned Counsel appearing for the Petitioner, Shri E. Afonso, learned Government Advocate appearing for the Respondents. The above Petition, inter alia, seeks to quash and set aside by a writ of certiorari the corrigendum No. 22/27/2003-RD dated 23.02.2005.

(2.) Briefly the facts of the case are that the Petitioners with the consent of their mother in law, purchased part of A2 and No. A3 of the property bearing survey No. 7/2, wherein a dwelling house was located from Shri Nachinolkar and his wife. After the said purchase, an application came to be filed before the local Panchayat for a licence of construction of a compound wall around the said two parts bearing No. A2 and A3 purchased by the Petitioners. In the meanwhile, on 24.04.2003, the Respondent No. 1 issued a Notification dated 24.04.2003 under Section 4(1) of the Land Acquisition Act, 1894, (herein after referred to as the 'said Act'), showing their intention to acquire properties as mentioned in the Schedule thereto for the public purpose, for widening of road from the house of Silvestre D'Souza, Petitioner No. 1 herein, to the house of Victoria Dias, who is residing adjacent to the house of the Petitioners and from the Garage of Mr. Nachinolkar, to summer-villa at Santa Barbora, Bondir. Upon verification of the plan of the said acquisition, the Petitioners learnt that strips of land on either side of the space of three metres width reserved by the landlords as a private access for the occupants of plot No. 7 lying on the East of parts A2 and A3 purchased by the Petitioners, were sought to be acquired pursuant to the said Notification for the purpose of widening of the private access. Besides, a small stretch of the entire road at Bondir was sought to be widened and that too only on one side of the public road.

(3.) Objections were raised by the Petitioners as well as the other residents of the locality to the proposed acquisition. The Land Acquisition Officer conducted an inquiry and ultimately submitted a report under Section 5A of the said Act dated 11.02.2004. It would be relevant to note that in the said report, the Land Acquisition Officer had observed thus :