ILARIO AGOSTINHO MENEZES Vs. STATE OF GOA

JUDGEMENT

(1.) HEARD. Admit. By consent heard forthwith. Ms. Chodankar waives notice for the respondents.

(2.) THE records apparently disclose that the Notification under Section 4 of the Land Acquisition Act, 1894 (�1/2the said Act�1/2 for short) was issued on 9 June, 2006. A declaration under section 6 of the Act was issued on 6.2.2007. When the petition was taken up for hearing pursuant to the challenge to the notification and declaration, a statement came to be made on behalf of the State that the declaration under Section 6 would be withdrawn and would issue a fresh declaration. It is the contention on behalf of the applicant that when such a statement was made, the same was made within a period of one year and there was ample time for the Government to withdraw the declaration and issue a fresh declaration under Section 6 of the said Act; however, no action in that regard was taken within the prescribed period, and inspite of the clear statement having been made on behalf of the Government, the withdrawal was made only on 13.9.07 and a fresh notification was issued. These contentions, though specifically raised and argued, were neither considered nor addressed to by the Court, and therefore, according to the applicant, there is error apparent on the face of record.

(3.) FOR the reasons stated above, the Order dated 21.1.08 is, hereby, reviewed and recalled and Writ Petition No.605/07 is restored to the Board and directed to be fixed for admission on Monday, 17th March, 2008. The review petition stands disposed of. No order as to costs.