MAX DE LOYOLA FURTADO Vs. STATE OF GOA

JUDGEMENT

(1.) RULE. Learned Government Advocate waives service for the respondents.

(2.) WITH a view to appreciate the submissions made by the learned Counsel appearing for the petitioner, it will be necessary to make a reference to few facts of the case. On 29th August, 2006, a notification dated 24th August, 2006 under Section 4(1) of the Land Acquisition Act, 1894 (hereinafter referred to as "the said Act"), was published by the Land Acquisition Officer. Out of the properties notified, land surveyed under Survey No.53/12 admeasuring 465 sq. metres and the land surveyed under Survey No. 54/16 admeasuring 125 sq. metres of Village Orlim, Taluka Salcete were notified under the said notification. The petitioner claims to be the owner of the said properties. A declaration under Section 6 of the said Act dated 28th in newspaper on 29th March, 2008. March, 2008 was published Admittedly, the aforesaid two properties held by the petitioner do not find place in the said declaration under Section 6 of the said Act.

(3.) WE have perused the declaration under Section 6 and the addendum dated 29th September, 2009. WE find that the lands surveyed under Survey no. 53/12 and 54/16 do not find place in the declaration under Section 6. The said properties were sought to be added by the addendum dated 29th September, 2009 after a lapse of more than 3 years from the date of publication of notification under Section 4(1) of the said Act. Even assuming that the addendum can be treated as a declaration under Section 6, the same has been issued after expiry of a period of one year from the date of publication of the notification under Section 4(1) of the said Act. The said addendum will operate prospectively. It is not the case made out by the respondents that the addendum has been issued to correct accidental or inadvertent error. It is, therefore, obvious that the acquisition proceedings relating to the aforesaid properties of the petitioner stand vitiated. The declaration under Section 6 in respect of the said two properties has been made after expiry of 1 year from the date of publication of the notification under Section 4(1) of the said Act.