Supreme Court of India

Goa Foundation & Anr. v. State of Goa & Anr.

Neutral citation

Reported as [2016] 1 S.C.R. 1025

Bench Ranjan Gogoi and Prafulla C. Pant JJ.

Decided 29 March 2016

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.

5 Supreme Court benches have cited this judgment.

What the Court ordered

In view of the above and having regard to the provisions of Section 44 (b) of the Act, which limits the acquisition for a private company only for the purpose mentioned in Section 40 (1) (a), the acquisition for the benefit of the third respondent under Section 40 (1) (aa) could not have been made at all.

Judgment, page 13

From the headnote

Land Acquisition Act, 1894 - s. 41 - Land Acquisition (Goa Amendment) Act, 2009 - Constitutional validity - Agreement executed between the Government and respondent no. ](engaged in hotel industry) u/s. 41 of the Principal Act - Clause 4(viii) of the Agreement imposed bar with regard to raising of construction on the acquired land by respondent no. 3 - Construction raised by respondent no. 3 challenged and this Court by order dated 20.01.2009 passed demolition order - Thereafter, Goa Amendment Act of 2009 passed amending s. 41 by addition of sub-sections 6 to 9 and clause 4(viii) of the

Authorities it was built on

2009 Fomento Resorts and Hotels Ltd. and Another v. Minguel Martins and Others cited by 13
2003 Bakhtawar Trust and Ors. v. M.D. Narayan and Ors. cited by 7
2002 M/s. Kanaka Gruha Nirman Sahakara Sangha v. Smt. Narayanamma (since Deceased) by Lrs. and Ors. cited by 3

Where later benches applied it

2019 Hindustan Construction Company Limited & Anr.dia & Ors. v. Union of India relied on
2023 Dr. Jaya Thakur v. Union of India & Ors referred to
2022 Vijay Madanlal Choudhary & Ors. v. Union of India & Ors. referred to
2018 Medical Council of India v. State of Kerala & Ors. referred to
2017 Binoy Viswam v. Union of India & Ors. referred to

Of those, 1 relied on · 4 referred to

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