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BHARAT P. DESHPANDE, VALMIKI SA MENEZES
Fomento Resorts And Hotels Ltd – Appellant
Versus
State of Goa – Respondent
JUDGMENT :
Bharat P. Deshpande, J.
Rule. Rule is made returnable forthwith.
2. Heard finally with the consent of the parties.
3. Heard Mr J. E. Ceolho Pereira, learned Senior Counsel with Mr S. Rivankar, learned Counsel for the petitioner and Mr D. Pangam, learned Advocate General with Mr N. Vernekar, learned Addl. Govt. Advocate for the respondent nos.1 and 2.
4. Petitioner claiming to be a tenant of house No.E-372 situated in the property bearing survey no.254/1(part) belonging to respondent no.3, challenged the impugned award dated 28.5.2009 and all corresponding actions in connection with the said award.
5. In nutshell it is the contention of the petitioner that respondent no. 3 somewhere in August 1978 created a lease in favour of the petitioner in connection with house no.E-372 for a monthly rent of Rs.700/- which was increased from time to time. Respondent no.3 then filed eviction proceedings against the petitioner which was compromised by drawing a decree somewhere in June 1991 wherein respondent no. 3 admitted the petitioner as a tenant of the said house.
6. It is the contention of the petitioner that somewhere in August 2022 in Writ Petition No.325 of 2010, a statement was made
Public notice under the Land Acquisition Act suffices for informing interested parties; individual notice is not required, and excessive delay in challenging acquisition proceedings can bar claims.
Failure to specify public purpose in a land acquisition notification renders it void ab initio.
The acquisition process must comply with statutory provisions of timely final notification and personal hearing, failure of which undermines legal validity.
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