RANJAN GOGOI, M.Y.EQBAL
Gulf Goans Hotels Co. Ltd. – Appellant
Versus
Union of India – Respondent
Judgment :-
Ranjan Gogoi, J.
1. The appellants are the owners of Hotels, Beach Resorts and Beach Bungalows in Goa who have been facing the prospect of demolition of their properties for the last several decades. The respondent-Goa Foundation is a non- Governmental body who claims to be dedicated to the cause of environmental and ecological well being of the State of Goa. The respondent-Goa Foundation had filed parallel writ petitions before the High Court for demolition of the allegedly illegal constructions raised by the appellants. Both sets of writ petitions i.e. those filed by the appellants against the orders of demolition by the State Authorities and the writ petitions filed by the Goa Foundation seeking demolition of constructions raised by each of the appellants were heard together by the Bombay High Court. The High Court, by separate impugned orders dated 13th July, 2000, had upheld the orders passed by the authorities requiring the appellants to demolish the existing structures. It is against the aforesaid orders passed by the High Court that the present group of appeals have been filed upon grant of leave by this Court under Article 136 of the Constitution of India.
2. The
Goan Real Estate and Construction Limited & Anr. vs. Union of India through Secretary
Vellore Citizens’ Welfare Forum vs. Union of India & Ors. [(1996) 5 SCC 647—Relied. [Para 6]
Vishaka & Ors. vs. State of Rajasthan & Ors.
Vineet Narain & Ors. vs. Union of India & Anr. [1998 (1) SCC 226] —Referred. [Para 8]
Bennett Coleman & Co. vs. Union of India (1972) 2 SCC 788—Relied. [Para 11]
Air India Cabin Crew Association vs. Yeshaswinee Merchant
State of Uttaranchal vs. S.K. Vaish [(2011) 8 SCC 670] —Relied. [Para 17]
Harla vs. State of Rajasthan [[AIR 1951 SC 467]] —Relied. [Para 18]
gazette (B.K. Srivastava vs. State of Karnataka) (1987) 1 SCC 658—Relied. [Para 20]
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.