Team Goemkarponn
PANAJI: The Goa government has assured the Bombay High Court at Goa that landowners contesting the acquisition of land for the Borim bridge approach road will be free to continue their legal challenge, irrespective of whether other affected landowners decide to surrender possession of their properties.
The assurance was placed before a Division Bench of Justice Valmiki Menezes and Justice Hiten Venegavkar, after the matter was urgently mentioned by a section of the petitioners.
The request for an urgent hearing followed the issuance of notices under Section 3E of the National Highways Act, 1956, requiring the petitioners and other affected occupants to hand over possession of land earmarked for the proposed approach road.
Counsel for the petitioners argued that although the law provides a 60-day period to surrender possession after the declaration issued under Section 3D, there was concern that landowners who are not part of the litigation could hand over their land before the case is heard.
The petitioners expressed apprehension that such a development might later be used by the Ministry of Road Transport and Highways (MoRTH) to contend that those continuing the case no longer have the legal standing to challenge the acquisition.
Responding to the concern, Advocate General Devidas Pangam, appearing for the State, informed the Court that the government would not raise any objection to the maintainability of the petition merely because some affected landowners choose to part with possession before the matter is decided.
After recording the State’s statement, the Bench decided not to alter the existing schedule and retained the petition for hearing on July 28.
The Court also noted that the Ministry of Road Transport and Highways has already placed its affidavit on record, indicating that the matter is ready to be taken up for consideration on the scheduled date.
