EUGENIO MISQUITA AND ORS. versus STATE OF GOA AND ORS.

EUGENIO MISQUITA AND ORS. versus STATE OF GOA AND ORS.

The declaration under Section 6 is within the one year limitation because the declaration was published in the Official Gazette within one year of the last publication of the notification; for the proviso to Section 6(1)(i)&(ii) the making of the declaration is complete when published in the Official Gazette and the additional publication requirements in Section 6(2) do not affect computation of that proviso period.

Parties
Appellants: Eugenio Misquita and Ors.; Respondents: State of Goa and Ors.
Jurisdiction
India
Judgment Date
29 September 1997
Procedural Posture
Civil Appeal No. 849 of 1994 / Appeal From Judgment of the Bombay High Court (panaji Bench)
Outcome
Appeal dismissed
Legal Topics
Section 6 Declaration, Computation of Limitation Period, Publication in Official Gazette, Section 4(1) Notification, Section 11 a Award Period
Land Acquisition Administrative Law Limitation Section 6 Declaration Computation of Limitation Period Publication in Official Gazette Section 4(1) Notification Section 11 a Award Period

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Parties

Eugenio Misquita and Ors.

Appellants

State of Goa and Ors.

Respondents

Procedural Posture

Civil Appeal No. 849 of 1994 / Appeal From Judgment of the Bombay High Court (panaji Bench)

Legal Issues

  1. 1 Whether a declaration under Section 6(1) of the Land Acquisition Act, 1894 is within the one year limitation where publication in the Official Gazette occurred within one year but other local publications occurred later
  2. 2 Whether the relevant date for computing the period prescribed by the proviso to Section 6(1)(ii) is the last of the series of publications under Section 6(2) or the date the declaration is published in the Official Gazette
  3. 3 Whether the modes of publication prescribed in Section 6(2) affect computation of the limitation prescribed under the proviso to Section 6(1)(ii)

Ratio Decidendi

The declaration under Section 6 is within the one year limitation because the declaration was published in the Official Gazette within one year of the last publication of the notification; for the proviso to Section 6(1)(i)&(ii) the making of the declaration is complete when published in the Official Gazette and the additional publication requirements in Section 6(2) do not affect computation of that proviso period.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • No order as to costs