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2008 Supreme(Bom) 1148

R.M.S.KHANDEPARKAR, R.S.MOHITE
RAMDAS THANU DESSAI – Appellant
Versus
STATE OF GOA – Respondent


Advocates Appeared:
For petitioners: M.S. Sonak
For respondent No.1:S.S. Kantak, Advocate General with Ms. R. Chodankar, Additional Government Advocate
For respondent Nos. 2 and 5: J. Vaz, Central Govt. Standing Counsel
For respondent No.3: A.N.S. Nadkarni with H.D. Naik
For respondent No.4: Sudesh Usgaonkar
For respondent No.6: Ms. Norma Alvares
For respondent Nos. 7 and 8:S.G. Desai, Senior Advocate with Shivan Desai

JUDGMENT:

R.M.S. KHANDEP ARKAR, J.:-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 24-12006 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(e) 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 S

































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