SHANKAR GOLTEKAR Vs. STATE OF GOA

JUDGEMENT

(1.) Challenge in this writ petition is to the acquisition of land for the purpose of setting up a waste disposal plant for respondent No. 2-MMC initiated by notification dated 6-3-2008 issued under section 17(1) dispensing an inquiry under section 5-A of the Land Acquisition Act, 1894 (Act, for short) and after filing of the petition, to the notification dated 30-6-2008 issued under section 6 of the Act.

(2.) The petitioner claims to be a tenant of the said property which belongs to the Comunidade of Cunchelim surveyed under No. 8, sub-divisions 1 to 11 and No, 9, subdivisions 1 to 45, admeasuring about 32050 sq. meters.

(3.) The petitioner had raised the issue of health hazards being created on account of setting up of the said waste disposal plant as well as non application of mind whilst granting the provisional authorization by respondent No. 3-Board. However, these issues have already been dealt with by this Court at the behest of the villagers of Cunchelim village in Writ Petition No. 267/2008 by judgment dated 30-1-2009.