Celia Pereira v. The Special Land Acquisition Officer, National Highway (Slao) And 3 ORS

Suchitra

IN THE HIGH COURT OF BOMBAY AT GOA

WRIT PETITION NO.217/2021

1. Mrs. Celia Pereira, Indian National, Senior Citizen, 76 years, r/o Flat No.AF-1, Laxmi Hsg. Society Comba, Margao Goa.

...PETITIONER

Versus

1. The Special Land Acquisition Officer, National Highway (SLAO), NHS and Competent Authority, c/o Land Acquisition Authority, Altinho Panaji Goa.

2. Ministry of Road Transport and Highways, Government of India, New Delhi,

3. The Executive Engineer, NHAI, Div XIV, Fatorda, Margao Goa.

4. Dilip Build Com Ltd., Ferry Terminal, Old Ferry Road, Near Agacaim Police Station, Tiswadi Goa.

Through its Managing Director/ Directors.

...RESPONDENTS Mr. Joaquim Godinho, Advocate for the Petitioner. Mr. Deep Shirodkar, Additional Government Advocate for Respondents No.1 & 3.

Mr. R. Chodankar, Standing Counsel Central Government for Respondent No.2.

CORAM:

M. S. SONAK & M. S. JAWALKAR, JJ.

DATED:

P.C.:

1.

Heard Mr. Godinho for the petitioner, Mr.

Chodankar, Standing Counsel for Respondent No.2 and Mr. Deep Shirodkar, Additional Government Advocate for respondents no.1 and 3.

2.

In this matter, the petitioner had sought for an appropriate writ to quash the acquisition proceedings or in the alternate and without prejudice for a direction to the respondents to pay the awarded compensation to the petitioner together with interest @ 12% p.a.

3.

Mr. Godinho, on instructions, had pressed for the alternate relief and the learned counsel for the respondents had stated before us that the issue of compensation will be processed and the compensation will indeed be paid to the petitioner. 4.

Mr. Chodankar, on instructions, states that the compensation has now been paid to the petitioner. Mr. Godinho,

learned counsel for the petitioner, on instructions, confirms that the compensation has been received by the petitioner under protest. Learned counsel therefore state that this petition can now be disposed of but Mr. Godinho requests that the issue of interest may be left open because the petitioner has already taken steps to seek enhancement of compensation.

5.

Accordingly, this petition is disposed of as proposed but the issue of payment of interest is kept open for determination by the appropriate forum. All contentions of all parties on this issue are expressly kept open. 6.

This petition is disposed of in the aforesaid terms. There shall be no order as to costs.

M. S. JAWALKAR, J.

M. S. SONAK, J.