MS. JACINTA MASCARENHASE FERNANDES Vs. STATE OF GOA

JUDGEMENT

(1.) Heard Shri A. F. Diniz, the learned Counsel appearing for the Petitioners and Shri P. Dangui, learned Additional Government Advocate appearing for the Respondents.

(2.) The above petition, inter alia, seeks to quash and set aside the notification dated 31.01.2013 issued under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to 'the said Act') as well as the report dated 07.01.2014 under Section 5A of the said Act prepared by the Special Land Acquisition officer as well as the declaration under Section 6 of the said Act dated 29.01.2014 and the consequent Award dated 08.07.2015.

(3.) Upon hearing both the learned Counsel, the basic contention of the Petitioner is the objection to the acquisition of land admeasuring an area of 170 sq.mts in the property under Survey No. 163/2 on the ground that the acquisition is not genuine or bonafide, nor that the land is acquired for a genuine purpose. It is further pointed out that the predicates under Section 5A of the said Act had not been followed and, consequently, the whole acquisition stands vitiated.