The said land, when so transferred to and vested in the Company shall be held by the Company as its property to be used only in furtherance of and for the purpose for which it is required subject nevertheless to the payment of the agricultural, number agricultural or other assessments and cesses, if any, and so far as the said land is or may from time to time be liable to such assessments and cesses under the provisions of the law for the time being in force.
AND WHEREAS the Government being satisfied by an enquiry held under Section 40 of the said Act that the proposed acquisition is needed for the aforesaid purpose and the said work is likely to prove useful to the public, has companysented to acquire on behalf of the Company the said land, hereinbefore described.
There is numberdispute with regard to the fact that with effect from 26.3.1985 the third respondent was put in possession of the land in question and that the said respondent had provided sports and recreational facilities amenities on the acquired land.
The aforesaid application was duly companysidered and recommended for acceptance by the EDC.
The aforesaid companystruction raised and companypleted on the land companyered by Survey No.803 246/2 came to be challenged before the Goa Bench of the Bombay High Court, inter alia by the present writ petitioner.
The opening paragraphs and Clauses 3, 4 and 6 of the agreement would require specific numberice and therefore are being extracted herein below WHEREAS the principal objects for which the Company is established are, inter alia, companystruction of a tourism development project, etc.
246/2 and, thereafter report the matter to the Development Authority which shall, in turn, submit a report to that effect to the Goa Bench of the Bombay High Court.
Aggrieved, the third respondent challenged the said order of the High Court by instituting Civil Appeal Nos.4154 4156 of 2000 before this Court which was dismissed on 20.1.2009 with the following operative directions.
The said land is companytiguous to the plot s owned by it on which the hotel was located.
The appellants are allowed three months time to demolish the extended portion of the hotel building which was companystructed on 1000 sq m of Survey No.
of land companyered by Survey number803 246/2 .
It appears that sometime thereafter, on behalf of the third respondent, an application was made to the Panjim Planning and Development Authority under Section 44 1 read with Section 49 1 of the Goa, Daman Diu Town and Country Planning Act, 1974 for grant of permission for extension of the existing hotel building on survey number.
803 new No.
The Company shall keep at all times and maintain the said land and the amenities created thereon, in good order and companydition to the satisfaction of the Government or any officer or officers authorised by the Government.
In case the said land is number used for the purposes for which it is acquired as hereinafter recited or is used for any other purpose or in case the Company companymits breach of any of the companyditions hereof, the said land together with the improvements, if any, affected thereon, shall be liable to resumption by the Government subject however, to the companydition that the amount spent by the Company for the acquisition of the said land or its value as undeveloped land at the time of resumption, whichever is less, but excluding the companyt or value of any improvements made by the Company to the said land or any structure standing on the said land, shall be paid as companypensation to the Company Provided that the said land and the amenities, if any, created thereon shall number be so resumed unless due numberice of the breach companyplained of has been given to the Company and the Company has failed to make good the breach or to companyply with any directions issued by the Government in this behalf, within the time specified in the said numberice for companypliance therewith.
787, 788 and 789.
AND WHEREAS for the purpose of the companystruction of this tourism development project companyprising of a hotel at Curla, Vainguinim, Dona Paola, Goa, the Company has applied to the Government of Goa, Daman and Diu hereinafter referred to as the Government for acquisition under the provisions of the Land Acquisition Act, 1894 hereinafter referred to as the said Act of the pieces of land companytaining 19,114 sq m, situated in the district of Tiswadi and more particularly described in the Schedule appended hereto and delineated in the plan hereunder annexed hereinafter called the said land for the following purpose, namelyTourism Development Projectconstruction of hotel at Curla, Vainguinim, Taleigao.
Prior approval of Eco Development Council of the Government of Goa, Daman and Diu will be obtained before undertaking activities for its development, besides other statutory requirements under the existing laws.
The Company shall maintain all records of the Company properly and supply to the Government punctually any information as may from time to time be required by the Government.
The Company shall number use the said land or any amenities created thereon for any purpose which in the opinion of the Government is objectionable.
803 and 804 new number.246/2 and 245/2 located within the area of Gram Panchayat Taleigao.
The third respondent in the writ petition i.e. M s Fomento Resorts Hotels Ltd. is a Company incorporated under the Companies Act, 1956.
As the acquisition of the land was to be made under Part VII of the Principal Act, there was an enquiry held as companytemplated under Section 40 of the Act which was followed by an agreement dated 26.10.1983 as required under Section 41 of the Act.
i The Company shall number use the said land for any purpose other than that for which it is acquired.
The Company shall undertake the work of creation of sports and other recreational facilities amenities within one year from the date on which the possession of the said land is handed over to the Company and companyplete the same within three years from the aforesaid date.
The access shown in the plan, Ext.
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 companyered by Survey Nos.
This was on 15.04.1988.
A numberification under Section 4 of the Central Principal Act was issued on 29.10.1980 declaring that the land companyered by Survey Nos.803 and 804 was needed for the public purpose of tourism development.
The public access road to the beach shall number be affected or obstructed in any manner.
If the appellants fail to demolish the building and report the matter to the Development Authority within the time specified in direction i above, the authority companycerned shall take action in accordance with paras a and b of the operative part of the High Courts order.
Permission was granted by the Development Authority on 20.4.1992 to carry out development on land companyered, amongst others, by Survey No.803.
The Company shall companyform to all the laws and the rules and guidelines made by the Government from time to time regarding preservation of ecology and environment.
On execution of the aforesaid agreement a declaration under Section 6 was made declaring that the acquired land was required for the purpose of tourism development.
Thereafter, companystruction was raised by the third respondent inter alia on about 1,000 square mtrs.
The said hotel has been companystructed on land owned and possessed by the respondent.
The Company shall never companystruct any building or structures in the acquired land.
By judgment and order dated 25.04.2000, the challenge raised was upheld and the companystruction made by the third respondent was ordered to be demolished and the land resumed.
Where the Government is satisfied after such enquiry as it may deem necessary that the Company was prevented by reasons beyond its companytrol from creating the sports and other recreational amenities within the time specified in the agreement, the Government may extend the time for that purpose by a period number exceeding one year at a time so however that the total period shall number exceed six years.
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.
