MILAGRES CIPRIANO FERNANDES Vs. STATE OF GOA

JUDGEMENT

(1.) The petitioners have invoked Article 226 of the Constitution of India challenging the notification dtd. 15/6/2006 issued under Sec. 4 of the Land Acquisition Act, 1894; notification dtd. 1/12/2006 issued under Sec. 6 of the Land Acquisition Act, 1894; Award dated 12 thApril 2007 passed by Special Land Acquisition Officer, Goa, Lease Deed dtd. 22/5/2007 executed by Respondent No.3 in favour of Respondent No.4 in respect to acquired land. Petitioners are also seeking directions that, Respondent No.3 be directed to transfer the land back to the petitioners after terminating the lease dtd. 22/5/2007.

(2.) The Petitioners contend that, the petitioner No.1 and 2 were co- owners of the property bearing survey Nos. 79/1, 80/1 and 80/3 of village Quitol, Quepem Taluka, South Goa admeasuring areas around 2,46,000/- m2. The property originally belonged to grand-parents of Petitioner No.1. They were survived by son Antonio Xavier Fernandes, (father of petitioner No.1). Petitioner No.3 and 4 are co-owners of property bearing No. 80/1, 80/2 of village Quitol. The Petitioner No.5 is the co-owner of property bearing survey No.80/1 and 80/3 of village Quitol. Petitioner No.6 is claimed to be co-owner of the property survey Nos. 80/1 and 80/2 of village Quitol. The Petitioners are interested in the aforesaid properties which were acquired for setting up of auxiliary services for food park at Quitol, Quepem Goa, which was acquired by the Government of Goa vide notification dtd. 1/12/2006 bearing no.22/19/2006-RD issued under Sec. 6 of the Land Acquisition Act, 1894. The Government of Goa invoked the provisions of Sec. 17(4) of the Land Acquisition Act and took symbolic possession of the land. Vide notification dtd. 15/6/2006 bearing No.2 2 /19/2 006-RD issued under Sec. 4 of the Land Acquisition Act, 1894 the Government of Goa in exercise of its powers under Sec. 17(4) of the said Act, excluded the provisions of Sec. 5(A) of the Land Acquisition Act and dispensed with compliance of the same for the purpose of acquisition. The Petitioners and other affected land owners wanted to file strong objections to the land acquired by Government. However, by invoking urgency clause, the Goa Industrial Development Corporation (for short "GIDC") (Respondent Nos. 2 and 3) has denied the right of villagers to file objections to the acquisition process. Notices were issued to the affected parties under Ss. 9 and 10 of the Land Acquisition Act by Respondent No.2. Award dtd. 12/4/2007 was made by Respondent No.2.

(3.) Learned Advocate for the Petitioners submitted as under:-