1 IN THE HIGH COURT OF BOMBAY AT GOA WRIT PETITION NO. 677 OF 2008 Mrs. Filomena Lourenco, Cottar Bhat, House No.498, Aldona, Bardez, Goa, Through her duly constituted Power of Attorney Manuel Aleixinho Crasto, H .No.63, Gaunsawaddo, Mapusa, Goa. ... Petitioner versus State of Goa, Through the Chief Secretary and two others. ... Respondents Mr. V. Menezes, Advocate for the Petitioner. Mr. S. S. Kantak, Advocate General with Mr. A. Kamat, Additional Government Advocate for the Respondents. CORAM : SWATANTER KUMAR, C.J. & N. A. BRITTO, J. DATE : 21ST NOVEMBER, 2008. P.C.:- In this petition under Articles 226 and 227 of the Constitution of India the Petitioner challenges the legality and correctness of a Notification issued under Section 4 r/w Section 17 of the Land Acquisition Act-Exhibit 'A' to the 2 petition, declaration under Section 6-Exhibit 'H' and the award dated 17-10-2007- Exhibit 'M' to the petition. 2. It is an admitted case before us that possession of the land has been taken on 18-12-2007 and the award stands approved. The principal contention raised before us is that the Petitioner was not aware and was never served with a notice as contemplated under Section 9 of the Act and till date no compensation has been tendered or paid by the Respondents to the Petitioner. 3. This contention of course is without prejudice to the other contentions raised. It is a settled principle of law where the Government invokes the provision of Section 17 along with Section 4 of the Act it can take possession of the land only in compliance with the other provisions of the Act. It is not in dispute that 80% compensation was not tendered to the Petitioner and as such the contentions are to be rejected but the Petitioner is entitled to receive the compensation in accordance with law. 4. The learned Counsel for the Petitioner has stated that a direction be given to the Respondents to pay the compensation expeditiously and not to press for other reliefs in the petition. The learned Advocate General has no objection. 3 5. In view of the consent of the parties, we dispose of the petition. The authorities to hear the petitioner and award appropriate compensation in accordance with law within four weeks from today, and, obviously the Petitioner will have the right to challenge such compensation in accordance with law. Section 18 of the Act shall be kept open. 6. Writ Petition is disposed of in the above terms with no order as to costs. CHIEF JUSTICE JUDGE RD