IN IN IN THE HIGH COURT OF BOMBAY AT GOA THE HIGH COURT OF BOMBAY AT GOA THE HIGH COURT OF BOMBAY AT GOA WRIT IT IT PETITION NO. 21 OF 1999 PETITION NO. 21 OF 1999 PETITION NO. 21 OF 1999 1. Shri Sharad Ramnath Faterpekar, son of late Ramnath Vishnu Faterpekar; a) Shri Madan S. Fatarpekar, s/o Shambhu V. Fatarpekar, aged 40 years, married; b) Smt. Sneha M. Fatarpekar, wife of Madan S. Fatarpekar, aged 32 years, married; c) Shri Rajendra S. Fatarpekar, s/o Shambhu V. Fatarpekar, aged 39 years, married; d) Smt. Vrushali R. Fatarpekar, wife of Rajendra S. Fatarpekar, aged 29 years, married; e) Shri Ratnakar S. Fatarpekar, son of Shambhu V. Fatarpekar, aged 36 years; f) Shri Sanjay S. Fatarpekar, s/o Shambhu V. Fatarpekar, aged 32 years; all residents of Bhatulem, Panaji, Goa; g) Smt. Nilima Santosh Akhadkar, d/o Shambhu V. Fatarpekar, aged 33 years, married; h) Shri Santosh Eknath - 2 - Akhadkar, s/o Eknath K. Akhadkar, aged 39 years, married; both residents of Ribandar, Ilhas, Goa, all represented by their duly constituted Power of Attorney Shri Ratnakar S. Fatarpekar (3e above); 2. Shri Shambhu Vishnu Fatarpekar; 3. Shri Gopalkrishna Vishnu Fatarpekar; all residents of House No.E/68, Near Satti Temple, Bhatulem, Panaji - Goa ... PETITIONERS versus 1. State of Goa, through the Chief Secretary, with his office at Secretariat, Panaji-Goa; 2. Under Secretary (Revenue), Government of Goa, with her Office at Secretariat, Panaji-Goa; 3. Shri Adam Ismail Khan, son of Ismail Khan, service, resident of Opposite T.B.Hospital, Tarantula Apartments, Post Caranzalem,Panaji-Goa represented by his constituted Attorney, Shri Nazir Khan, r/o Caranzalem,Panaji-Goa - 3 - 4. North Goa Planning and Development Authority, through its Member-Secretary,Panaji , Goa ... RESPONDENTS. Mr.M.S. Sonak and Mr. D.Pangam, Advocates for the Petitioners. Mr. A.N.S. Nadkarni, Advocate General on Notice. Mr. H.R. Bharne, Governemnt Advocate, for Respondents Nos. 1 and 2. Mr. V.B. Nadkarni, Sr. Advocate, with Mr. Y.V. Nadkarni, Advocate for the Respondent No.3. Mr. V.P. Thali, Advocate for Respondent No.4. CORAM CORAM CORAM : F.I. REBELLO & : F.I. REBELLO & : F.I. REBELLO & P.V. P.V. P.V. HARDAS,JJ. HARDAS,JJ. HARDAS,JJ. DATED : JUNE 30, 2003. ORAL JUDGMENT (PER F.I. REBELLO,J.) (PER F.I. REBELLO,J.) (PER F.I. REBELLO,J.) The matter was heard for some time. An Affidavit dated 25th June 2003 has now been filed on behalf of Respondent No.4. Paragraph 5 of the said Affidavit reads as under:- " I say that the Authority now being of the view that the acquisition of the said strip of land in any event would be required for the purpose of widening of the road as shown in the Outline Development Plan, has now, at its 115th meeting held on 17/6/03 resolved to request the Government to withdraw the impugned acquisition Notifications and take appropriate steps to acquire the same for the purpose of widening of the road, which - 4 - would incidentally also provide access to the property bearing Chalta No.13 of P.T. Sheet No.125." 2. In view of this averment in the Affidavit, the Notice under challenge for acquisition of the land, on the Government taking a decision would be withdrawn and consequently, the challenges as raised in the Petition need not be gone into. 3. On behalf of the State Government, the learned Advocate General makes a statement that as soon as the proposal comes from the Authority, the Government will pass an Order within a week and thereafter publish the Notification two weeks thereafter. The statement made on behalf of the State by learned Advocate General is accepted. 4. In the light of that, the following Order:- Affidavit on behalf of the Authority that they are applying for withdrawal of Notification accepted. The proposal to be sent within two weeks from today. On the Government receiving the same to pass the necessary Order within one week thereafter and also get the same published - 5 - thereafter within two weeks. Rule accordingly. There shall be no order as to costs. P.V. P.V. P.V. HARDAS,J. HARDAS,J. HARDAS,J. F.I. F.I. F.I. REBELLO,J. REBELLO,J. REBELLO,J.