GOA FOUNDATION & ANR. versus STATE OF GOA & ANR.

GOA FOUNDATION & ANR. versus STATE OF GOA & ANR.

The Goa Amendment Act, 2009 validly deletes Clause 4(viii) of the acquisition agreement with retrospective effect, removing the basis of the earlier judicial decision and does not create any repugnancy between the Central and State Acts, thereby falling within permissible legislative power.

Parties
Petitioner: Goa Foundation; Respondent: State of Goa; Respondent: Fomento Resorts & Hotels Ltd.
Jurisdiction
India
Judgment Date
29 March 2016
Procedural Posture
Writ Petition (civil) / Final Judgment
Outcome
Writ petition dismissed
Legal Topics
Constitutional Validity of State Amendment, Repugnancy Between Central and State Statutes, Retrospective Legislative Validation, Modification of Land Acquisition Agreements
Constitutional Law Land Acquisition Constitutional Validity of State Amendment Repugnancy Between Central and State Statutes Retrospective Legislative Validation Modification of Land Acquisition Agreements

Case Brief

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Parties

Goa Foundation

Petitioner

State of Goa

Respondent

Fomento Resorts & Hotels Ltd.

Respondent

Procedural Posture

Writ Petition (civil) / Final Judgment

Legal Issues

  1. 1 Whether the Land Acquisition (Goa Amendment) Act, 2009 is constitutionally valid
  2. 2 Whether there is repugnancy between the Land Acquisition Act, 1894 and the Goa Amendment Act, 2009
  3. 3 Whether retrospective deletion of Clause 4(viii) is permissible

Ratio Decidendi

The Goa Amendment Act, 2009 validly deletes Clause 4(viii) of the acquisition agreement with retrospective effect, removing the basis of the earlier judicial decision and does not create any repugnancy between the Central and State Acts, thereby falling within permissible legislative power.

Court Disposition

Writ petition dismissed

Orders

  • Validity of Land Acquisition (Goa Amendment) Act, 2009 [Act 7 of 2009] upheld
  • No order as to costs