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2009 Supreme(SC) 75

B.N.AGARWAL, G.S.SINGHVI
Fomento Resorts and Hotels Ltd. – Appellant
Versus
Minguel Martins – Respondent


Counsel for the parties :
Anil B. Divan, Ms. Indira Jaising, Pallav Shishodia, Sr. Advs., Dhruv Mehta, Ms. Amira A. Razaq, Ms. Meghalee Barthakur, Ms. Kanika Gomber, Ms. Mallika Joshi, Rajan Narain, Norma Alvares, Sanjay Parikh, Ms. Anitha Shenoy, Jatin Sahai, A.N. Singh, Ms. Rashmi Nanda Kumar, Gaurav Tayagi, Ms. Mamta Saxena, Ramesh Singh, Pratap Venugopal, Ms. Surekha Raman, Dileep Poolakkot, Ms. Barsha Mishra (M/s. K.J. John & Co.), Rohit Mammen Alex (for M/s. Parekh & Co.), Ms. Ruby Singh Ahuja, Ms. A. Subhashini, Bhavani-shankar V. Gadnis and Ms. B. Sunita Rao, Advocates.

JUDGMENT

G.S. Sanghvi, J. —

1. The above noted appeals are directed against order dated 25.4.2000 passed by Goa Bench of the High Court of Bombay in Writ Petition No.330 of 1991 Shri Minguel Martins vs. M/s Sociedade e Fomento Industries Pvt. Ltd. and others, Writ Petition No.36 of 1992 Goa Foundation and another vs. Fomento Hotels and Resorts Limited and others and Writ Petition No.141 of 1992 Shri Gustavo Renato de Cruz Pinto vs. State of Goa and others whereby directions have been given for demolition of construction made in survey No.803 (new No.246/2) within the area of Gram Panchayat, Taleigao, for resumption of the land acquired on behalf of appellant No.1, Fomento Resorts and Hotels Limited, earlier known as M/s. Gomantak Land Development Pvt. Ltd. and keeping public access to the Vainguinim beach from point ‘A’ to point ‘B’ shown in plan Exhibit-A open without any obstruction of any kind.

2. For deciding the questions arising in the appeals, it will be useful to notice the relevant facts:

(i) Dr. Alvaro Remiojo Binto owned several parcels of land in Village Taleigao, District Tiswadi, Goa. He sold plots bearing survey Nos.803 and 804 (new Nos.246/2 and 245/2) to Gustavo Re






































































































































































































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