Case Note & Summary
The petitioners, owners of property under survey no.85/3 of Village Utorda, Salcete Goa, challenged the acquisition of a part of their land for construction of a road. Initially, the proposal was for a six-metre wide road, but the respondents later decided to acquire only a four-metre wide road as it would join an existing two-metre wide footpath. The road would benefit several houses in the area and connect to the main road. The court considered the contention of the petitioners that the road was not necessary and that the acquisition was arbitrary. However, the court found that the acquisition was for a public purpose, as the road would benefit the public having structures in survey no.85. The court dismissed the petition, holding that the acquisition was valid and not arbitrary.
Headnote
A) Land Acquisition - Public Purpose - Acquisition of land for construction of a road to benefit residents of the area is a public purpose - The court held that the acquisition of a 4-metre wide road from the petitioners' property was for a public purpose as it would benefit the public having structures in the area (Paras 2-4).
Issue of Consideration
Whether the acquisition of a part of the petitioners' land for construction of a public road is valid and not arbitrary.
Final Decision
The petition is dismissed. Rule discharged. No order as to costs.
Law Points
- Land acquisition for public purpose
- Public purpose includes road construction for benefit of residents
- Acquisition of part of property not arbitrary
- No violation of Article 300A of Constitution
Case Details
2014 LawText (BOM) (01) 171
WRIT PETITION NO. 638 OF 2013
Smt. R. S. Dalvi, F. M. Reis
Mr. Agnelo F. Diniz for petitioners, Mr. V. Rodrigues for respondent nos. 1 and 2, Mr. C. Fernandes for respondent no.4
Mr. Savio Torcato Pereira and Mrs. Ana Epicracia Pereira
State of Goa, The Special Land Acquisition Officer, Mr. Antonio Joao Silveira, Mr. Gaspar Socorro Silveira
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Nature of Litigation
Writ petition challenging land acquisition for road construction.
Remedy Sought
Petitioners sought to quash the acquisition of their land for a road.
Filing Reason
Petitioners contended that the acquisition of a part of their property for a road was not necessary and arbitrary.
Issues
Whether the acquisition of land for a road is for a public purpose?
Whether the acquisition is arbitrary?
Submissions/Arguments
Petitioners argued that the road acquisition was not necessary and arbitrary.
Respondents contended that the road would benefit the public having structures in the area.
Ratio Decidendi
Acquisition of land for construction of a road that benefits the public is a valid public purpose and not arbitrary.
Judgment Excerpts
The road from the petitioners' property continues south and later towards the west to join the main road on the west.
The construction of such road would benefit the public having structures in survey no.85.
Procedural History
The petitioners filed a writ petition challenging the acquisition. The court heard the matter and dismissed the petition on 13th January 2014.
Acts & Sections
- Land Acquisition Act, 1894:
