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2022 Supreme(Bom) 429

M.S.SONAK, R.N.LADDHA
Aienla Semelhago – Appellant
Versus
State of Goa, through the Secretary (Revenue) – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. Shivan Desai, Advocate
For the Respondent:Mr. Manish Salkar, Government Advocate

JUDGMENT :

M. S. Sonak, J.

1. Heard Mr. S. Desai, learned counsel for the petitioner, and Mr. M. Salkar learned Government Advocate for the respondents.

2. The challenge in this petition is to the Notifications under Sections 4 and 6 of the Land Acquisition Act, 1894 (the said Act) in the context of the acquisition of the petitioner's property admeasuring 540.75 square metres bearing Chalta No.2A of P.T. Sheet No. 173 of the city of Panaji for the recreational purpose i.e. extension of the existing garden at Caranzalem in Panaji city.

3. Mr. Desai submitted that on the date when this petition was filed, no award had been made under the said Act. However, he submitted that later on i.e. 21.05.2015 an award was indeed made. He submitted that even though no formal amendment has been applied for by the petitioner to challenge this award dated 21.05.2015, if the impugned Notifications are quashed then, as a corollary, even the award dated 21.05.2015 will have to be quashed. Mr. Desai submitted that the petitioner's case is almost entirely based on the provisions of Section 11-A of the said Act which provide that an award under Section 11 of the said Act has to be made within a period of two

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