Bhiku Govind Kerkar. v. State Of Goa, Through The Chief Secretary And ANR.,

Maria S.

IN THE HIGH COURT OF BOMBAY AT GOA

WRIT PETITION NO.239 OF 2015 Bhiku Govind Kerkar, son of late Govind Kerkar, aged 56 years, married, r/o. H. No.339/4, Kelbai, Curti, Ponda-Goa .Petitioner

Versus

1. State of Goa Through the Chief Secretary Secretariat Building Porvorim Goa.

2. Deputy Collector and Land Acquisition Officer, Collectorate Building Panaji-Goa .Respondents Mr. Gaurish N. Agni, Advocate for the Petitioner. Mr. Pravin N. Faldessai, Additional Government Advocate for the Respondents.

CORAM:

M. S. SONAK & R. N.LADDHA, JJ.

Date:

ORAL JUDGMENT (Per. M. S. Sonak, J):

Heard Mr. Gaurish N. Agni, learned Counsel for the petitioner and Mr. Pravin N. Faldessai, Additional Government Advocate for the respondents.

2.

After this matter was argued for some time, learned Counsel for the parties consent to the making of the following order:- (I) That the respondents will consider this petition and its annexures as representation and, further, dispose of the same within 3 months in accord with law and on its own merits.

(II) That the respondents will grant personal hearing to the petitioner and, if necessary, also visit the site to appreciate the alignment which is now proposed by the petitioner and which, the petitioner says, was the original alignment based on which the acquisition proceedings were initiated.

(III)The aforesaid exercise of disposal of the representation will be completed by the respondents within 3 months from today.

(IV)Status quo order which is operating till today will continue to operate for 3 months. However, if the representation of the petitioner is not to be considered favourably, then, the status quo order to operate for additional 15 days from the date of service of such

decision on the petitioner.

(V)In case the decision on the representation is unfavourable to the petitioner, the petitioner will have liberty to initiate a fresh petition including by way of raising the grounds which have already been raised in this petition.

3. The Rule is disposed of in the aforesaid terms. There shall be no order for costs.

4.

All concerned to act based on the authenticated copy of this Order.

R. N. LADDHA, J M. S. SONAK, J