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PRAKASH D. NAIK, BHARAT P. DESHPANDE
Milagres Cipriano Fernandes @ Cipriano Fernandes – Appellant
Versus
State of Goa – Respondent
JUDGMENT :
Prakash D. Naik, J.
The petitioners have invoked Article 226 of the Constitution of India challenging the notification dated 15th June 2006 issued under section 4 of the Land Acquisition Act, 1894; notification dated 1st December 2006 issued under section 6 of the Land Acquisition Act, 1894; Award dated 12th April 2007 passed by Special Land Acquisition Officer, Goa, Lease Deed dated 22nd May 2007 executed by Respondent No.3 in favour of Respondent No.4 in respect to acquired land. Petitioners are also seeking directions that, Respondent No.3 be directed to transfer the land back to the petitioners after terminating the lease dated 22nd May 2007.
2. The Petitioners contend that, the petitioner No.1 and 2 were co-wners of the property bearing survey Nos. 79/1, 80/1 and 80/3 of village Quitol, Quepem Taluka, South Goa admeasuring areas around 2,46,000/- m2 . The property originally belonged to grand-parents of Petitioner No.1. They were survived by son Antonio Xavier Fernandes, (father of petitioner No.1). Petitioner No.3 and 4 are co-owners of property bearing No. 80/1, 80/2 of village Quitol. The Petitioner No.5 is the co-owner of property bearing survey No.80/1 and 80/3 of
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If there is failure to publish notification in two daily newspapers, notification and consequential proceedings for acquiring land would stand vitiated for non-compliance of essential conditions of S....
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