1 IN THE HIGH COURT OF BOMBAY AT GOA WRIT PETITION NO. 457/2008 Mr. Paulo Francisco Antonio Neves De Souza, alias Paulo De Souza, son of late Euclid De Souza, major of age, married, Indian National, r/o. House No.21, Varca, Salcete, Goa. .......... Petitioner. Versus 1. State of Goa, through Revenue Secretary, Government of Goa, Secretariat, Porvorim, Bardez, Goa. 2. Deputy Collector/S.D.O., South Goa, Margao, Office of the Deputy Collector/SDO, South Goa, Margao, 3. Angelo De Souza, son of Apolinario De Souza, major, married, Indian National, r/o. House No. 931, Fatorda, Margao, Salcete, Goa. ......... Respondents. Mr. S. G. Dessai, Senior Advocate with Mr. Preetam Talaulikar, Advocate for the petitioner. Mr. S. R. Rivonkar, Government Advocate for respondents No.1 and 2. CORAM : A.P. DESHPANDE & N.A. BRITTO, JJ. Date : 8th October, 2008. 2 ORAL JUDGMENT : (A.P. DESHPANDE, J.) Rule. Respondents waive service. By consent of parties, Rule made returnable forthwith. 2. By this petition, the petitioner questions the legality and validity of a declaration made under Section 6 of the Land Acquisition Act, 1894. The main grievance of the petitioner is that Section 6 declaration is published without affording an opportunity of hearing as is contemplated in an inquiry under Section 5A of the Act. 3. The learned Government Advocate, after perusing the record which is available with him, makes a statement that the petitioner was neither served with the notice under Section 5A, nor was he afforded an opportunity of hearing. In this connection, the learned Government Advocate has also placed on record a communication dated 6th October, 2008, issued by the Dy. Collector and S.D.M., Margao addressed to him, which states that the Notice under Section 5A was not served on the petitioner. The said communication for the purpose of identification is marked as “X”. 4. In view of the statement made by the learned Government Advocate, the petition deserves to be allowed and is, hereby, allowed. We 3 quash and set aside the Notification issued by respondent No.1 under Section 6 of the Land Acquisition Act dated 28.3.2008 to the extent it relates to the petitioner's property under Survey No.17/3 of Village Varca. Rule is made absolute to the above extent. No order as to costs. A.P. DESHPANDE, J. N.A. BRITTO, J. ssm.