PAULO FRANCISCO ANTONIO NEVES Vs. STATE OF GOA

JUDGEMENT

(1.) RULE. Respondents waive service. By consent of parties, Rule made returnable forthwith.

(2.) BY this petition, the petitioner questions the legality and validity of a declaration made under Section 6 of the Land Acquisition Act, 1894. The main grievance of the petitioner is that Section 6 declaration is published without affording an opportunity of hearing as is contemplated in an inquiry under Section 5a of the Act.

(3.) THE learned Government Advocate, after perusing the record which is available with him, makes a statement that the petitioner was neither served with the notice under Section 5a, nor was he afforded an opportunity of hearing. In this connection, the learned Government Advocate has also placed on record a communication dated 6th October, 2008, issued by the Dy. Collector and S. D. M. , Margao addressed to him, which states that the Notice under Section 5a was not served on the petitioner. The said communication for the purpose of identification is marked as 'x'.