PANAJI
The State government has introduced a new Bill -- the Goa Requisition and Acquisition of Property, Bill 2017 which is in effect a Land Acquisition Act for the State of Goa and gives the government powers to acquire land for the use of public purpose, but not for the use of Union Government.
The Bill, introduced on Thursday, once it becomes a law have the powers to requisition and subsequently acquire property through publishing in the official gazette and two local newspapers, provided no property is used for religious purpose.
Under the Act, once a notice is served to the landowner he will have to surrender his property to the government in lieu of compensation.
If he fails to do so the Collector can enforce the order of delivery of possession of the property. The Government on the other hand has to use the whole property requisitioned only for the purpose as it was acquired for.
If the purpose of any requisitioned property ceases to exist, and the land is yet to be acquired, the government may release the property requisitioned under this Act.
Once requisitioned, the government then move to acquire the property also through publishing a notice in an official gazette and two local newspapers.
The law has provision for the government and landowner reaching an ‘agreement' on the compensation and if there is such an agreement the compensation shall be paid according to this agreement. However, if no agreement can be reached between the government and the landlord, the government can appoint an arbitrator who shall fix the amount of compensation after hearing both parties.
If aggrieved by the decision of the arbitrator, the affected person can ask the arbitrator to refer it to the court.
The law mandates that in case a tenant is cultivating the land being acquired, s/he shall be eligible to only half the amount otherwise due as compensation.
Persons aggrieved by the government's decision to requisition land, may appeal to the government which shall call a report from the collector and after giving an opportunity to the parties of being heard may pass an order which shall be final.
Crucially the law also bars the High Court and Supreme Court from having jurisdiction to entertain any dispute relating to land acquisition in respect of which the arbitrator or government is empowered by or under this Act and no injunction shall be granted by any court.
