GASPER FERNANDES Vs. STATE OF GOA

JUDGEMENT

(1.) Heard Shri Supekar, learned Counsel appearing for the Petitioners, Shri S. G. Desai, learned Senior Counsel appearing for the Respondent no. 4, Shri V. Rodrigues, learned Addl. Government Advocate appearing for the Respondent nos. 1, 2, 7 and 8 and Shri Raghunandan, learned Counsel appearing for the Respondent no. 6.

(2.) The above Petition takes exception to the acquisition initiated by the Respondent-Government to acquire a portion of the property surveyed under no. 169/10 admeasuring 201 square metres situated at Betalbatim Village, to rehabilitate the Respondent no. 4 in view of his displacement of a portion of a property acquired for the construction of a road by a Notification dated 16.03.2006 under Section 4 of the Land Acquisition Act.

(3.) Briefly, the facts of the case are that the Petitioners claim to be a share holder of the Communidade, Respondent no.3 herein, and has filed the present Petition to protect the interest of the Communidade on the ground that the Respondent no. 4 had illegally encroached into a portion of a property belonging to the Communidade, Respondent no. 3, surveyed under no. 1/2 of Betalbatim Village.