1 IN THE HIGH COURT OF BOMBAY AT GOA WRIT PETITION NO. 629/2008 Mr. Joao Mascarenhas, major, aged 74 years, resident of Colva, Salcete, Goa through his duly constituted attorney Mr. Savio Mascarenhas, major aged 26 years, resident of Colva, Salcete, Goa. ......... Petitioner. V/s. 1. State of Goa, through Secretary, Revenue, Secretariat, Porvorim, Goa. 2. Special Land Acquisition Officer, Department of Tourism, Panaji, Goa. 3. Mr. Snowken Gonsalves, Former Sarpanch and the Administrator of the Village Panchayat of Colva, Skylark Resorts, Colva Beach, Salcete, Goa, PIN 403 708. 4. Mr. Vincent Rodrigues, r/o. House No.395, 4th Ward, Colva, Salcete, Goa. 5. Mr. Anil Bandodkar, Mahalaxmi Realtors, G-4 “A”, Concha Resort Building, 4th Ward, Colva, Goa, 2 PIN 403 708. 6. Village Panchayat of Colva, through its secretary, Colva, Goa. 7. Executive Engineer, W.D. VI, PWD, Fatorda, Margao. .......... Respondents. Mr. J. P. Mulgaonkar, Advocate for the petitioner. Mr. M. Salkar, Addl. Govt. Advocate respondents No.1, 2 and 7. Mr. G. Teles, Advocate for respondent No.6. CORAM :- S.J. VAZIFDAR & U.D. SALVI, JJ. Date :- 21st April, 2010. ORAL JUDGMENT : (Per S.J. VAZIFDAR, J.) Rule. Rule is made returnable and heard forthwith. 2. This writ petition can be disposed of on the preliminary point. It is an admitted position that the report under Section 5A of the Land Acquisition Act, 1894 was prepared by an officer other than the officer who heard the petitioner in respect of the objections raised under Section 5A. The petitioner did not have the benefit of making 3 submissions and of being heard by the Officer who made the report. The report is, therefore, not sustainable. 3. In the circumstances, the Rules is made absolute in terms of prayers (a) and (b) limited to the notification under Section 6 of the Act and only in respect of the petitioner's property. All other rights and contentions are kept open. There shall be no order as to costs. S.J. VAZIFDAR, J. U.D. SALVI, J. ssm.