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2022 Supreme(Bom) 676

A.K.MENON, R.N.LADDHA
Pratap Yeshwant Kanolkar – Appellant
Versus
State of Goa, Through the Chief Secretary – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Nikhil Pai, Advocate
For the Respondent:Mr. Devidas Pangam, Mr. Deep Shirodkar, Mr. S.D. Lotlikar, Senior Advocate with Mr. Somnath Karpe, Mr. Abhishek Sawant, Advocate

JUDGMENT:

A.K. MENON, J.

1. Heard learned Counsel for the parties.

2. Rule. Rule made returnable forthwith. By consent taken up for hearing and final disposal. The learned Additional Government Advocate waives service on behalf of the State and the learned Central Government Standing Counsel, waives service on behalf of the Central Government.

3. This common order disposes the above Writ Petitions and Civil Application No. 1660 of 2021 (F) filed in Writ Petition No. 1149 of 2021. The factual aspects in each of these Writ Petitions are set out in brief.

WRIT PETITION NO. 1119 OF 2021(F)

4. The six petitioners claim as owners of lands engaged in cultivation. They claim that the income that they derive from the agriculture is their only source. They will be gravely prejudiced and lose their only source of income if the lands are acquired. The petitioners challenge the process of acquisition of land initiated by the Union of India under the National Highways Act, 1956 (Highways Act) proposing to construct a link road (new NH-166S) from NH-66 (old NH17) near Dhargalim to Mopa near Varconda in the State of Goa. The petitioners also challenge an order dated 18.02.2021 passed by the Competent Au

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