Cidade’s demolition hearing comes up in SC
The Goa Foundation’s challenge to the amendment made by Goa government to the Land Acquisition Act, 1894, after Supreme Court had passed an order to demolish a part of a five star resort – Cidade de Goa – came up for final disposal in the Supreme Court Wednesday and arguments will carry on.
The Court will also hear the contempt petition filed by the Goa Foundation in the matter which is represented by Adv Sanjay Parikh.
It may be recalled that in February 2009 the state had decided to promulgate an ordinance amending a 100 plus year-old law to save a portion of a five-star resort ordered to be demolished by the Apex Court. According to the ordinance the amendment is deemed to come into force with retrospective effect from October 15, 1964.
"Notwithstanding anything contained in any judgement, decree or order of any court, tribunal or any other authority, if any agreement entered between the government and the company has a clause prohibiting the company to construct building or structures on the acquired land, such clause shall stand deleted with retrospective effect from October 15, 1964," it says.
In the previous month Jan 2009, the Apex court had ordered the demolition of a portion of Cidade de Goa, owned by Fomento Resorts and Hotels consisting of among other things 54 hotel rooms, a health club. Three months were given to comply with the order.
The resort was given land by the government under conditions that included giving public access to the beach and that the hotel will not encroach on certain parts and keep water sports open for general public. [H]