- (1.) The challenge in this writ petition under Article 32 of the Constitution of India is to Constitutional validity of the Land Acquisition (Goa Amendment) Act, 2009 (Goa Act 7 of 2009) which was promulgated by the Governor of Goa on 11.04.2009 and notified in the Official Gazette on 30.04.2009.
(2.) The facts leading to the enactment of the aforesaid Amendment Act and its publication in the Gazette dated 30.04.2009 would require a specific enumeration and, therefore, are being recited herein below.
(3.) The third respondent in the writ petition i.e. M/s Fomento Resorts & Hotels Ltd. is a Company incorporated under the Companies Act, 1956. 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. The said hotel has been constructed on land owned and possessed by the respondent. 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 covered by Survey Nos. 803 and 804 (new nos.246/2 and 245/2) located within the area of Gram Panchayat Taleigao. The said land is contiguous to the plot(s) owned by it on which the hotel was located. A notification under Section 4 of the Central/Principal Act was issued on 29.10.1980 declaring that the land covered by Survey Nos.803 and 804 was needed for the public purpose of tourism development.;