PANAJI
The State government has assured the High Court of Bombay at Goa that it will not argue that the landowners who have challenged the acquisition for the Borim bridge approach road lose their right to continue the case just because some other affected landowners decide to hand over their land.
The submission was made before the Division Bench of Justice Valmiki Menezes and Justice Hiten Venegavkar that took up the matter, mentioned for urgent hearing by some landowners.
The urgency was sought following the issuance of notices under Section 3E of the National Highways Act, 1956, to the petitioners and other occupants of land falling along the alignment of the proposed approach road to the Borim bridge.
During the hearing, the petitioners submitted to the court that while the notices granted 60 days for handing over possession after the issuance of the declaration under Section 3D of the Act, they feared that other affected landowners who had not challenged the acquisition proceedings might surrender possession before the matter is heard.
The petitioners argued that if this happened, the Ministry of Road Transport and Highways (MoRTH) could later contend that the petitioners no longer had the locus to oppose the acquisition or continue with the challenge raised in the writ petition.
During the hearing, Advocate General Devidas Pangam, appearing for the State, assured the Bench that no such objection would be raised even if some landowners covered by the Section 3D declaration and Section 3E notices handed over possession before the petition is taken up.
Recording the statement, the Bench observed that it was appropriate to retain the matter on its previously scheduled date of July 28. The court also noted that affidavits on behalf of the Ministry of Road Transport and Highways had now been filed and clarified that the petition would be heard on the same date of hearing.
