MARGARIDA GOMES PEREIRA Vs. STATE OF GOA

JUDGEMENT

(1.) LAND belonging to the petitioner was acquired by respondents Nos. 1 and 2 for respondent No. 3, as Government Company incorporated under the Companies Act, 1956 vide section No. 4 Notification bearing No. 22/97/83-RD dated 20th August 1983 published in Government Gazette, Series II, No. 22 dated 1st September 1983. Section 6 Notification bearing No. 22/97/83/rd dated 10th December 1985 was published in the Government Gazette dated 30th January 1986. The notices in the newspaper were published on 14th December 1985.

(2.) THE petitioner had filed Writ Petition No. 70/1986 challenging the said notification in which Rule was issued and interim relief to the extent that the possession should not be taken by the respondents, was granted pending disposal of the said petition. The interim relief was granted on 24th April 1986. The said writ petition was dismissed on 22nd April 1987 and rule was discharged.

(3.) THE petitioner then filed present writ petition on the ground that no award has been made within a period of two years from the date of publication of declaration under section 6 and as such, the land acquisition proceedings lapsed in terms of section 11-A of the Land Acquisition Act, 1894. The petitioner, therefore, prayed for quashing and/or setting aside the entire acquisition proceedings.