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Supreme Court of India

Fomento Resorts and Hotels Ltd. and Another v. Minguel Martins and Others

Neutral citation
Reported as [2009] 3 S.C.R. 1
Decided 20 January 2009

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

13 Supreme Court benches have cited this judgment.

What the Court ordered

We hold that the High Court did not commit any error by declaring that extension of C the hotel building on 1000 sq. mts. of survey No.803 (new No.246/2) is illegal and directed its· demolition after following the procedure prescribed under Clause 6 of agreement dated 26.10.1983.

Judgment, page 83

From the headnote

Land Acquisition Act, 1894: c Sections 4(1), SA, 6, 16, 40, 41, 42 -Acquisition of/and -- Whether under s.40(1)(aa) or under s.40(1)(b) - Public access to beach earlier available through the land - Whether 1-:;xtinguished or vests with the State Government - Whether construction of hotel building on a portion of the land is contrary to the purpose of acquisition and violative of the prohibition clause in the agreement with the Government - Whether facilities and amenities to the public created by the owner of the land is contrary to the purpose of acquisition and violative of the said

Authorities it was built on

Where later benches applied it

Of those, 4 referred to · 9 mentioned

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