ROSARIO F BARRETO Vs. STATE OF GOA

JUDGEMENT

(1.) THE petitioner claims to be the owner of the land admeasuring 1146 sq. mts. situate at Village Cansaulim surveyed under No. 4/3. The petitioner has built two houses on the said land bearing Village Panchayat No. 205 and No. 205 (A ).

(2.) ON 24th July, 1987, a Notification was published by the Government of Goa bearing No. 22/92/87-RD under section 4 of the Land Acquisition Act, 1894 stating therein that various plots of land specified in the Schedule appended to the said Notification were likely to be needed by the Government for the public purpose set out therein, i. e. land acquisition for construction of road from Madalem Candatem to Cansaulim Church via Arosim in Village Panchayat, Cansaulim. By the said Notification duly published in the Government Gazette on 24th July, 1987, it was notified that the Government intended to acquire 24,675 sq. mts. of land belonging to several owners for the public purpose set out in the said Notification. By the said Notification it was inter alia provided that the land admeasuring 275 sq. mts. forming part of Survey No. 4/3 of village Cansaulim was likely to be needed for the public purpose specified in the said Notification. It appears from the contents of the Award dated 21st September, 1988 (Exh. R. 1 to the affidavit in reply) that the said Notification besides being published in the Government Gazette at pages 94 to 95 of Series II No. 9 was also published in two local newspapers, namely (1) Gomantak dated 30th July, 1987 and (2) Navhind Times dated 8th September, 1987. It is also recited in the said Award that the substance of the Notice was published at various places in the locality through the Mamlatdar of Mormugao on 15th January, 1988. Individual notices were served on the interested parties in the various plots of land under acquisition. By letter dated 17th August, 1987 (Annexure p. 2 to the petition), the petitioner filed his objections with the Additional Deputy Collector (2) as permissible under section 5 A of the Land Acquisition Act, 1894. The petitioner did inspect the necessary plan available in the Deputy Collectors office at Margao before filing the said objections. The petitioner stated in the said letter dated 17th August, 1987 that the projected road was sought to be connected to the Cansaulim - Vasco da Gama road by means of a by-pass road passing through some fields etc. The petitioner specifically contended that the said by-pass was then shown touching his house without any space remaining between the by-pass and his house and the proposed by-pass was neither necessary nor advisable. The petitioner pointed out that if the proposed road was constructed as intended, the set backs would be affected and no space will be left between the houses of the petitioner and the proposed by-pass resulting in making the life of the petitioner and the members of his family unsafe. By the said letter the petitioner requested for a personal hearing in the matter. It was also stated in the said letter of objection that the proposed by-pass was sought to be made with ulterior motive on account of local influence of certain persons who were not on good terms with the petitioner. The Collector made the necessary report to the State Government.

(3.) ULTIMATELY, on 27th May, 1988, the Government of Goa issued Notification No. 22/92/87-RD and made the necessary declaration as contemplated under section 6 of the Land Acquisition Act, 1894. The area earlier notified for acquisition being 24,675 sq. mts. was reduced to 14,580 sq. mts. The petitioners land to the extent of 275 sq. mts. was intended to be acquired at the stage when section 4 Notification was issued on 24th July, 1987. At the stage when section 6 Notification was issued the area of the petitioners land under acquisition was also reduced from 275 sq. mts. to 155 sq. mts.