SILVESTER D SOUZA Vs. THE STATE OF GOA

JUDGEMENT

(1.) Heard Mrs. Agni, learned Counsel appearing for the Appellants, Mr. S.G. Desai, learned Senior Counsel appearing for the Respondent nos. 3 to 10 and Shri E. Afonso, learned Counsel appearing for the Respondent nos. 1 and 2.

(2.) The above Writ Petition, inter alia, seeks for a declaration that the impugned Award dated 04.09.2006 is a nullity and that the entire acquisition proceedings which commenced with the issuance of the Notification dated 24.04.2003 stands lapsed. The further relief sought by the Petitioner is also to quash and set aside the Notification dated 24.04.2003 and 22.04.2004 issued under Section 4 of the Land Acquisition Act.

(3.) Briefly, the facts of the case as pointed out by the Petitioners are that Petitioner nos. 1 and 2 purchased a dwelling house being parts A2 and no. 7 of the property bearing survey no. 7/2 from Mr. Visrama S.P. Nachinolkar and his wife who was a successor in title of the erstwhile landlord Mr. Sitaram V.P. Nachinolkar. By Notification dated 24.04.2003, issued under Section 4 of the Land Acquisition Act, 1894, (hereinafter referred to as the 'Land Acquisition Act of 1894'), land was intended to be acquired for the purpose of widening of the road from the house of Silvestre D' Souza, Petitioner no.1 to the house of Victoria Dias who is residing adjacent to the house of the Petitioner nos. 1 and 2 on the East. On 04.08.2003, this Court disposed of the Writ Petition filed by the Petitioner nos. 1 and 2 challenging the said Notification dated 24.4.2003, in view of the statement by the Respondent no. 1 that the urgency clause in the Notification would be dropped and that an opportunity would be given to the Petitioners to raise their objections. Thereafter on 18.08.2003, a corrigendum came to be issued by publishing a Notification in the Official Gazette dated 21.08.2003 deleting the urgency clause accordingly. The Petitioners raised objections to the acquisition and a hearing was given to the Petitioners on such objections. A report was made by the Land Acquisition Officer under Section 5 of the said Land Acquisition Act of 1894 on 11.02.2004. The Land Acquisition Officer found substance in the objections raised by the Petitioner nos. 1 and 2 but, however, despite of the said report, the Respondent no. 1 mechanically issued a Notification under Section 6 of the said Land Acquisition Act of 1894. Thereafter, a letter came to be addressed by the Petitioner no. 2 on 13.04.2004 to the Collector of North Goa opposing the said Notification. Subsequently, the Bhatkar of the property surveyed under no. 7/2, made a representation to the Government, inter alia, stating that there was no road in existence which could be widened. A corrigendum was issued on 25.01.2005 dated 19.01.2005 whereby the proposal to acquire 80 square metres for the construction of the drain from the house of Silvestre D'Souza and Victoria Dias was deleted. As such, the said area came to be corrected from the Notification issued under Section 6 of the said Land Acquisition Act of 1894. The corrigendum was accordingly published in the local news paper 'Navhind Times'. A Writ Petition was filed by the Petitioner nos. 1 and 2 before this Court challenging the corrigendum.