RAMDAS THANU DESSAI Vs. STATE OF GOA

JUDGEMENT

(1.) The petitioners challenge the acquisition proceedings initiated by issuance of notification under Section 4 of the Land Acquisition Act, 1894, hereinafter called as "the said Act", dated 24-1- 2006 along with the declaration under Section 6 dated 20-12-2006 on various grounds including the ground that the said notification and the declaration are bad in law since the acquisition is proposed by the State of Goa which is not the appropriate Government to acquire the land for the purpose of Union of India considering the provisions of law comprised under Sections 4 and 6 read with Section 3(ee) of the said Act. On the other hand, the notification and the declaration are sought to be defended on the ground that the acquisition is not exclusively for the purpose of the Union and, therefore, the appropriate Government is the State Government.

(2.) The facts which are not in dispute are that the notification and the declaration under Section 4 and Section 6 respectively clearly provide that the land specified in the Schedule to the notification is needed for public purpose, viz. land acquisition for construction of railway line and cargo handling terminal at Shelvona and Xic-Shelvona Villages of Quepem Taluka for South Western Railway. The declaration further discloses that the Government of Goa is of the opinion that the acquisition is urgently necessary. Obviously, therefore, the notification and the declaration on the face of the record disclose that the proceedings have been initiated by the State Government in its capacity as the appropriate Government within the meaning of the said expression under Section 3(ee) of the said Act. It is also not in dispute that the said acquisition of land is for South Western Railways in order to construct a railway line and cargo handling terminal. In fact, Sri Agnelo T. D'Souza, Senior Technical Assistant in the Diretorate of Mines, Government of Goa, who has filed the affidavit in reply on behalf of the respondent No.1 i.e., the State of Goa has stated in his affidavit that the land is being acquired by the State Government at the request of the railways and the cost would be paid by the railways. Further, the affidavit filed on behalf of the respondent Nos.2 and 5 by Sri A. Saibaba, Deputy Chief Engineer (Construction), South Western Railways, in his affidavit has clearly stated that the respondent Nos.2 and 5 i.e., the said Deputy Chief Engineer and the Union of India respectively have deposited Rs.1.13 crores with the respondent No.1 on 6-1-2006 for the said acquisition, the respondent Nos.2 and 5 would build "loop railway line" in an area of approximately 20 hectares at the cost and expenses of the respondent Nos.2 and 5, the land being acquired is for the respondent Nos.2 and 5 and not for the respondent No.4. The affidavit further clarifies that in the railway budget a provision has been made for Rs.13.0759 crores pursuant to the approval of the Parliament.

(3.) The above stated undisputed facts leave no room for the doubt that the land is being acquired for the Union of India and at the cost of the Union of India. The fact that the railways are owned by the Union of India is also not in dispute. Besides, the said point being wellsettled by the decision of the Apex Court in the matter of The State of Kerala v. The General Manager, Southern Railway, Madras, reported in (1976) 4 SCC 265.