Goa can acquire land for Mopa,govt informs HC
HERALD REPORTER
PANJIM, AUG 31
Goa government in its submission to the High Court has rejected the contention of people affected by Mopa airport project that land for the Greenfield airport project should be acquired by Central government and not by the State.
Advocate General Subhod Kantak told the court today that the state government will own Mopa airport even though it will be managed by a private party.
“As the project is for the state’s purpose, the State government has a power to acquire land for setting up of the airport, which is owned by government,” AG told Court.
The Division Bench of the Bombay High Court at Goa comprising of Justice D G Karnik and Justice F M Reis were hearing a bunch of writ petitions filed by locals allegedly affected by land acquisition for Mopa airport project at Pernem.
The petitioners had contended that the State government is not the appropriate authority under the Land Acquisition Act, 1984 and consequently, has no legal competence to initiate acquisition proceedings for Union.
“The Central government has no role to play in the matter of land acquisition. Their role in the project is just to provide licence for the functioning of the airport,” Kantak said.
AG also made it clear that the airport will be built on BOOT basis in which the company will build, own and operate it for some years.
Advocate Mahesh Sonak, appearing for the petitioners, argued that invocation of urgency clause under Section 17 of the Act and consequently dispensing with inquiry under Section 5A was illegal and arbitrary since there was no material for invoking the clause.
The AG clarified that as per the report submitted by the government appointed committee, it was clear that Dabolim airport would rach the saturation point by 2014 and hence there was a need to set up a new airport on emergency basis by 2012-13 and hence the clause was invoked.
The petitioners have also claimed that despite the objection raised by the locals, the government has gone ahead with the acquisition. It also alleged that at the time of fresh acquisition, government has not considered the area, which was marked in the first notification of 2003.
Sonak explained that in 2003, a notification was passed approving acquisition of 78 lakh sq land for Mopa airport however the said proceedings were allowed to lapse in 2004. “In 2008 a fresh notification was issued covering much larger area than the earlier one,” he said.
Sonak also told the Court that no proper justifications were given for lapsing of earlier notification.
“They said that it was due to political reason,” he said.
However, Kantak said as per new notification 83 lakh sq meter area is acquired, which is just five lakh sq meter more than the earlier one.
“This includes the villages and agriculture fields of the locals,” Sonak alleged.
Kantak, in his additional affidavit filed before the Court stated that at the time of earlier acquisition, most of the petitioners did not raise objections and as such taking the said situation into consideration, a fresh notification was issued with urgency clause in 2008.
Court questioned that how could the government take these people for granted and think that no objection would be raised.
Earlier, Sonak pointed out that the Central government order for an airport at Mopa was based on a condition. “The land can be acquired for new airport provided the State government closes down airport at Dabolim,” he said quoting the order dated May 1, 2000.
Sonak told the court that till date there was no such proposal; on the contrary the government is spending money on Dabolim expansion.
The Court will hear the argument of the union government tomorrow.
