SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2016 Supreme(SC) 810

RANJAN GOGOI, PRAFULLA C.PANT
Goa Foundation – Appellant
Versus
State of Goa – Respondent


Advocates Appeared:
For the Petitioners:Sanjay Parikh, Ms. Mamta Saxena, Ms. Ninni Susan, A.N. Singh, (For Ms. Anitha Shenoy), Advocates.
For the Respondents:Rafiq Dada, Sr. Adv., M.S. Usgaonkar, Sr. Adv., Dhruv Mehta, Sr. Adv., Ms. Swati S. Kamat, Ms. Mallika Joshi, Ms. Ruchika, Rajan Narain, A.N.S. Nadkarni, Adv. Gen. (Goa), Pratap Venugopal, Datta Prasad Lawande, Asst. S.G., Ms. Niharika, S.S. Rebello, Anshuman Shrivastav, Ms. Nikita Nadkarni, Ms. Purna Bhandari, Siddharth Bhatnagar, Rauf Rahim, T. Mahipal, Advocates.

JUDGMENT :

Ranjan Gogoi, J.

The challenge in this writ petition under Article 32 of the Constitution of India is to Constitutional validity of the Land Acquisition (Goa Amendment) Act, 2009 (Goa Act 7 of 2009) which was promulgated by the Governor of Goa on 11.04.2009 and notified in the Official Gazette on 30.04.2009.

2. The facts leading to the enactment of the aforesaid Amendment Act and its publication in the Gazette dated 30.04.2009 would require a specific enumeration and, therefore, are being recited herein below.

3. The third respondent in the writ petition i.e. M/s Fomento Resorts & Hotels Ltd. is a Company incorporated under the Companies Act, 1956. It is engaged in the hospitality industry. It is the owner of a hotel doing business in the name and style of Cidade de Goa. The said hotel has been constructed on land owned and possessed by the respondent. Sometime in November 1978, the third respondent addressed a letter to the Government to initiate acquisition proceedings under the Land Acquisition Act, 1894 (hereinafter referred to as `the Central/Principal Act') so as to acquire land covered by Survey Nos. 803 and 804 (new nos.246/2 and 245/2) located within the area of Gr















































































Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top