SANTAN FERNANDES Vs. STATE OF GOA

JUDGEMENT

(1.) By filing this petition under Article 226 of the Constitution of India, the petitioners have challenged the land acquisition proceedings initiated by the State of Goa, through its Land Acquisition Officer, for acquiring the lands for the purpose of development of Government Village School Playground at Fatrade, Varca Salcete, Goa.

(2.) The petitioners are the owners/tenants of agricultural land bearing Survey No. 107 with different sub-divisions. They are carrying on agricultural operations in the aforesaid lands. According to the petitioners, they are cultivating paddy fields in the aforesaid lands. It is the case of the petitioners that the said paddy fields are the only means of their livelihood and their respective families.

(3.) The Government of Goa earlier issued a notification under section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as the 'Act) on 4-5-2006, which was published in the Official Gazette on 10-5- 2006 for the purpose of acquiring the land in question. The said notification was issued for the purpose of acquiring the land bearing Survey No. 107 and various sub-divisions for the purpose of establishing Government Village School Playground. The petitioners submitted their objections under section 5-A of the Act, by way of representation dated 26-5-2006. The said representations are annexed at Annexure (C) in the compilation of documents. In the representations, it was submitted by the petitioners that they are cultivating the paddy fields since the time of their ancestors. It is averred in the representations that the agricultural produce obtained from the paddy fields, serves as an only means of their livelihood and in case the land is acquired for the purpose of construction of playground, they will be deprived of their livelihood. It is pointed out in the representation that filling of the land will affect the natural drainage pattern, subsequently affecting the ecosystem, upsetting the balance^of nature, habitat of various fishes, frogs and beneficial organisms. In the representation, it is also pointed out that the only Government School in the Village i.e. the Government Primary School, is closed since 14 years^for paucity of students and there is no question of acquiring the land for the purpose of development of the playground for the aforesaid public school. In the representation, it was also averred that as per the Government policy, agricultural activity is required to be protected and saved.