PANJIM: The High Court of Bombay at Goa disposed of a petition filed by Hondu Gaonkar from Santon-Dharbandora, challenging the land acquisition for the proposed Goa Tamnar Transmission Project Ltd.
The petitioner, belonging to Scheduled Tribes (ST) communities, contested the acquisition of his land for the ongoing works of the transmission project, claiming to be a tenant with his name recorded in Form I and XIV.
During the court proceedings, Advocate F E Noronha, representing the petitioner, informed the court that the petitioner’s primary concern was being recognised as a tenant and sought an opportunity to present objections to the South Goa District Magistrate.
The court, acknowledging this request, directed Gaonkar to appear before the District Magistrate in Margao, who has scheduled a hearing for December 15, 2023.
The court’s directive specifically invoked Section 16 of the Indian Telegraph Act, 1885, emphasising that the District Magistrate should decide the matter within 15 days from the passing of the order.
The petitioner’s legal counsel expressed satisfaction with this course of action, noting that the court refrained from delving into constitutional validity, considering the petitioner’s immediate concern for a fair hearing.
Advocate General Devidas Pangam referred to Sections 10 and 16 of the Indian Telegraph Act, 1885, pointing out that the Deputy Collector/Magistrate had already passed an order on December 5, 2023, in accordance with Section 16.
Pangam highlighted that the petitioner had resisted the exercise of power under Section 10 of the Act, which was a subject of contention during the court proceedings.
