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2008 Supreme(SC) 1231

TARUN CHATTERJEE, HARJIT SINGH BEDI
A. Chowgule & Co. Ltd. – Appellant
Versus
Goa Foundation – Respondent


Advocates appeared:
For the Appellant :Ravindra Shrivastava, Sr. Adv., S. Anand Ramakrishnan, Somanadri Goud K., Kunal Verma, Rajul Srivastava, Ms. Supriya Jain and Anup Jain (for M/s. Parekh and Co.), Advocates.
For the Respondents:Dr. R.G. Padia, Sr. Adv., Sanjay Parekh, A.N. Singh, Jitin Sahni, Ms. Mamta Saxena, Ms. A. Subhashini, Ms. Savitri Pandey, D.S. Mahara, Harshvardhan Jha and Gulshan Sharma (for M/s. K.L. Mehta & Co.), Advocates.

Judgment

Harjit Singh Bedi, J. —

1.The facts leading to the filing of this appeal are as under:

2.The appellant, a company incorporated under the Companies Act, has its registered office at Chowgule House, Mormugao Harbour,Goa and is a recognized star trading house engaged in the mining, processing and export of iron ore. In the year 1979, the appellant took a decision to establish a 100 per cent export oriented unit in Sanguem Taluka situated at a short distance from its existing mines. The process of locating suitable land for the unit took about 10 years and the process for the unit was finally set in motion by a letter dated 21st December 1988 from the Collectorate of South Goa, Revenue Department to the Inspector of Survey, Land Records, Mangao-Goa informing the said officer that the Government of Goa had decided to lease an area of 15 hectare out of 26.4675 hectares to the appellant under Survey No. 12 of Potrem Village in Sanguem Taluka and directions were issued that the area be demarcated and the other formalities complied with. On 17th August 1989, the appellant addressed a letter to the Secretary for Industrial Approvals, Ministry of Industries of the Central Government abo










































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