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2010 Supreme(Bom) 664

S.J.VAZIFDAR, U.D.SALVI
Ibaldo Alvito Gomes – Appellant
Versus
State of Goa through the Chief Secretary – Respondent


Advocates Appeared:
For the Petitioner:M.S. Sonak with J. Supekar, Advocates.
For the Respondents:S.S. Kantak, Advocate General with A. Kamat, Additional Government Advocate.

Judgment :-

U.D. Salvi, J.

Heard. Rule, made returnable forthwith. By consent taken up for final hearing.

2. The petitioners – heirs of the agricultural tenants in respect of agricultural land bearing Survey No.95/11, 95/3 and 95/4 of village Nuve are seeking writ of Mandamus commanding the respondents / the State and its officials to withdraw the notifications dated 5.9.2007 and 5.2.2009 concerning the acquisition of the said lands under Sections 4 and 6 of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act') respectively.

3. Notification dated 5.9.2007 under Section 4 of the said Act admittedly declared the intention of the respondent / State to acquire all those pieces and parcels of land totally admeasuring 50675 square metres including the aforesaid lands at village Nuve for development of government village school playground at Nuve and to take steps in that regard at the instance Directorate of Sports and Youth Affairs, Panaji. The petitioners responded to the said notification with the objections dated 5.10.2007 to the proposed acquisition of the said land.

4. It is the case of the petitioners that the Land Acquisition Officer did not consider their detailed






















































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