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Judgment
Heard Mr. Costa Frias, learned Counsel for the petitioners in both the petitions and Mr. Rodrigues, learned Addl. Govt. Advocate for all the respondents in Writ Petition No. 826 of 2011 and for respondents No.1 to 3 in Writ Petition No. 33/2012. Both these petitions have been filed challenging the notifications dated 10th January, 2011 and 30th November, 2011, issued under Sections 4 and 6 respectively, of the Land Acquisition Act, 1894. Both these notifications have been challenged on several grounds. One of the contentions raised in both the writ petitions is that the objections of the petitioners have not been taken into consideration in 5A report and secondly, the report u/s 5A has been prepared by the Land Acquisition Officer other than the one who heard the objections u/s 5A.
Mr. Rodrigues appearing for the respondents fairly concedes that since the objections were heard by one Land Acquisition Officer and the report was prepared by another Land Acquisition Officer, the Notification dated 30th November, 2011 will have to be quashed.
In view of the above, the Notification dated 30th November, 2011 issued u/s 6 of the Act cannot be sustained. Accordingly, the Notification dated 30.11.2011 issued u/s 6 of the Act is quashed and set aside qua the petitioners in both the writ petitions. The Land Acquisition Officer shall hear the petitioners in both the writ petitions in respect of their objections u/s 5A of the Act and take action in accordance with law. All other contentions of the petitioners are kept open.
Both the petitions stand disposed of in the above terms, with no order as to costs.