2009 Supreme(Bom) 332
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
P. B. MAJMUDAR & U. D. SALVI, JJ.
Santan Fernandes & Ors. – Appellants
Vs.
State of Goa & Anr. – Respondents
Writ Petition No.669 of 2008
Decided on : 13th March, 2009.
Mr. M. S. SONAK with Mr. NIKHIL VAZE, Advocates, for the Petitioners.
Mr. S. S. KANT AK, Advocate General with Ms. S. MORDEKAR, Addl. Government Advocates, for the Respondents.
Headnote:Land Acquisition Act, 1894-Sections 4 and 6-Acquisition of land-Challenged to acquisition on the ground of lack of public purpose-Simply because name of scheme is not mentioned in notification cannot be treated as a ground that there is no public purpose involved-It is not possible to take out one or two lines from notifications for coming to conclusion that purpose mentioned in notifications did not exist and there is no public purpose involved-It cannot be said that land acquisition proceedings initiated in present case are vitiated in any manner, when Government has decided to acquire land for purpose of establishment of football ground for village people-It cannot be said that said acquisition is not for public purpose-Petition dismissed. (Paras 17, 19, 46, 49 and 51)
P. B. MAJMUDAR, J.:- 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 04-05-2006, which was published in the Official Gazette on 10-05-2006 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 26-05-2006. 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.
4. The said notification was challenged by the petitioners by way of Writ Petition No.525 of 2006 before this Court. The said writ petition was dismissed on the ground that it was pre-matured as it was filed at the stage of issuance of notification under Section 4 of the Act. However, since the notification under Section 6 was not issued within the prescribed time, the said proceedings lapsed. The Government of Goa thereafter, issued fresh notification under Section 4 of the Act, on 1102-2008, which was published in the official Gazette on 15-02-2008. By the said notification, the lands at Survey No. 107 and its various subdivisions are sought to be acquired for the purpose of Government Village Playground at Fatrade, Varca Salcete, Goa.
5. The petitioners submitted their objections in connection with the said notification under Section 5-A of the Act, on 08-03-2008, objecting the proposed acquisition of the land. The Land Acquisition Officer accordingly recorded the statements of the petitioners and thereafter, submitted his report to the State Government, recommending the acquisition of the land in question. Thereafter, a notification under Section 6 of the Act, was issued on 11-08-2008 which was published in the daily newspaper 'Times of India dated 15-08-2008. The petitioners have therefore, approached this Court by way of this Writ Petition challenging the aforesaid land acquisition proceedings on various grounds.
6. Mr. Sonak, the learned counsel for t