Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1894 Constitutional validity Land Acquisition Act Principal Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Goa, Daman and Diu Town and Country Planning Act, 1974 (21 of 1975) Land Acquisition Act, 1894 (1 of 1894) Companies Act, 1956 (1 of 1956) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 |
Case Type | Writ Petition |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Land Acquisition Act, 1894 -— s. 41 — Land Acquisition (Goa Amendment) Act, 2009 — Constitutional validity — Agreement executed between the Government and respondent no. 3(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 Agreement stood deleted — Validity of the Goa Amendment Act of 2009 — Held: Goa Amendment Act, 2009 is valid — There is no repugnancy between the Principal Act and the State Amendment — Section 41 of the Principal Act and the terms of the agreement executed thereunder are silent with regard to modification/variation or deletion/subtraction of the terms of the agreement — State Amendment Act by bringing in sub-sections (6) to (9) of s. 41 invalidates clause 4(viii) of the agreement by effecting a deletion thereof with retrospective effect (the date of coming into operation of the Principal Act to the State of Goa) — State Amendment, by no means, sets the law in a collision course with the Central/ Principal enactment — As regards, State's competency to enact the State Amendment Act in view of the earlier decision of this Court, judicial pronouncement, either declaratory or conferring rights on the citizens cannot be set at naught by a subsequent legislative act - However, the legislature would be competent to pass an amending or a validating act, if deemed fit, with retrospective effect removing the basis of the decision of the Court — Once clause 4(viii) is removed the basis of the earlier judgment stands extinguished — Thus, it was within the domain of the legislature to bring about the Amendment Act with retrospective effect. |
Judge | Honble Mr. Justice Ranjan Gogoi |
Neutral Citation | 2016 INSC 281 |
Petitioner | Goa Foundation & Anr. |
Respondent | State Of Goa & Anr. |
SCR | [2016] 1 S.C.R. 1025 |
Judgement Date | 2016-03-29 |
Case Number | 131 |
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