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2003 Supreme(Bom) 657

F.I.REBELLO, P.V.HARDAS
Uday S. Vaidya – Appellant
Versus
State of Goa – Respondent


Advocate Appeared:
Mr. S.S. Kantak and Ms. Gauri D.S. Bhonsule Advocates, for the petitioner
Mr. A.N.S. Nadkarni Advocate General with Mr. N.K. Sawaikar Additional Government Advocate for the State.

JUDGMENT

F.I. Rebello, J.-Rule.

Respondents waive service. Heard forthwith.

2. Land belonging to the petitioners was acquired. An award came to be passed on 22nd January, 1997. Notice under Section 12 of the Land Acquisition Act, 1894 was issued to the petitioners to accept the compensation awarded, on 3rd February, 2000. The date for payment was fixed on 22nd February, 2000.

3. A few relevant dates may be set out before framing the issue which has to be considered. Notification under Section 4 of the Act was published in the Official Gazette on 17th March, 1993 for the public purpose as set out therein. Amongst the lands notified was land belonging to the petitioners surveyed under No. 138/1 (Part). A declaration under Section 6 came to be published on 20th April, 1994 in the Official Gazette dated 21st April, 1994. Notice under Sections 9 and 10 of the Act thereafter came to be served in the name of late Shrinivas Vaidya, the father of the petitioners who had expired in the year 1978. The case of the petitioners is that. at the time the notice under Sections 9 and 10 of the Act was issued by the Land Acquisition Officer, Inventory Proceedings were pending, which were finally conclude











































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