Supreme Court · 2009 INSC 39 · Decided 20 January 2009
Fomento Resorts and Hotels LTD. and Another v. Minguel Martins and Others
- Court
- Supreme Court of India
- Citation
- 2009 INSC 39 · [2009] 3 S.C.R. 1
- Case number
- CIVIL APPEAL No. 4154/2000
- Decided
- 20 January 2009
- Bench
- B.N. AGRAWAL, G.S. SINGHVI (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- CPC Section 4, 8, 44(1), 49(1); Land Acquisition Act Section 40(1)(aa), 42, 40(1)
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 on a portion of the land is D 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
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