JOHN VIEGAS Vs. STATE OF GOA

JUDGEMENT

(1.) Heard Mr. A.F. Diniz, learned Advocate appearing for the petitioners and Ms. S. Linhares, learned Additional Government Advocate appearing for the respondents.

(2.) The above petition inter alia takes exception to an acquisition pursuant to the notification dated 1.9.2008 under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as "the Act") whereby an area of 50 square metres was intended to be acquired from the property surveyed under No. 116/5 of Deussua Village. It is the contention of the petitioners that objections were raised under Section 5A of the Act opposing the said acquisition from the property of the petitioners inter alia on the ground that the acquisition was malafide, not for a public purpose and that the alignment of the road was not correct and it could be aligned through the property surveyed under No. 107/1 and 107/ The other objections raised by the petitioners were that property of the petitioners is a small plot and in case a portion was acquired it would render the plot unfit for development and that it was also contrary to Government's circular issued by the State Government. Thereafter a notification came to be issued under Section 6 of the Act on 24.9.2009 whereby the area intended to be acquired from the property of the petitioners was reduced to 2 metres only from the property surveyed under No. 116/5.

(3.) Petitioners being aggrieved with the said acquisition, filed the above writ petition inter alia seeking to quash the acquisition by the respondents.