Team Herald
PANJIM: The High Court of Bombay at Goa issued notices to the State government and others in the matter related to acquisition of a private land for construction of a playground and the Batim Village Panchayat Ghar without acquiring the land.
According to the petitioner, Egidio Jose Naziazenio Braganza, an area admeasuring 335 square metres on Survey Nos. 21/2 and area admeasuring 181 square metres on Survey No. 22/19 was illegally acquired by the government authorities without paying compensation to the petitioner under the Land Acquisition Act 2013.
The petitioner stated that the Block Development Officer (BDO), Tiswadi-Panjim issued a Notification dated 21-01-1997 under Section 6 of the Land Acquisition Act, 1894. And acquired an area from Survey Nos. 19/1 (part), 21/1 (part), 21/3 (part), 21/4 (part), 21/5 (part) and 21/6 (part) of village Batim for the development of a playground at Batim village.
However, Survey Nos. 21/2 and 22/19 of village Batim, were not acquired by the Notification dated 21-01-1997.
The petitioner stated that subsequent to the aforesaid acquisition, playgrounds and a Village Panchayat Ghar were constructed on the acquired land and both are in possession and maintained by the Batim Village Panchayat.
In June 2021, Braganza discovered that a portion of his property, Survey No. 21/2, had been unlawfully enclosed by extending the compound wall around the playground and the Panchayat Ghar. The encroachment included a portion of Survey No. 21/2 of Village Batim, which rightfully belongs to him.
He stated that the work was carried out taking advantage that he was residing at Mapusa and was unable to visit the property situated at Village Batim on account of the Covid-19 pandemic.
The petitioner further informed me that this work has commenced very recently, taking advantage of the fact that my clients are residents of Mapusa and were unable to visit the property situated at Batim on account of the Covid-19 pandemic.
The petitioner has prayed that the State authorities be directed to initiate the process for acquiring the encroached portion of his properties and to pay adequate compensation to him under the Land Acquisition Act 2013 i.e. Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
The matter has been posted for further hearing on April 2.