On 20 January, 2009, the Supreme Court of India dismissed a batch of three appeals filed by Fomento Resorts, owners of Cidade de Goa, a five-star resort located in the outskirts of Panaji, in Taleigao village, at Vainguinim beach.
The Court found the hotel had violated the provisions of a land acquisition agreement which it had signed with the Goa Government regarding the use of a plot of land the Government had acquired for the hotel for creation of sports facilities for the public.
Instead of erecting the sports facilities, the resort owners illegally extended the main building of the hotel so that it now formed a significant part of the acquired plot. The area of illegal extension is 1114 sq.mts. Since the hotel had constructed three stories on the 1114 sq.mts, the total extension today at site is actually 4500 sq.mts.
In this illegally built area, the hotel had installed 50 residential rooms, in addition to a convention centre, a health club, a beauty parlour. All these must now be demolished.
Outside, in the balance of the plot, the hotel had erected a laundry building, extension to the laundry building, boiler room, cluster of open air bars, sheds, store-rooms and kitchen. These must be demolished as well.
Some of this construction was actually done to block a traditional access to the beach for the public. The access was also part of the the agreement the hotel had pledged to keep open in its agreement with the Government.
The Supreme Court has upheld the Bombay High Court judgement which had clearly required the public access to be maintained.
Since the appeals filed by the hotel have been dismissed, the remaining directions issued by the High Court in its judgement will also now be implemented. One of these requires the Goa government to issue a notice to the company for resumption of the land itself for violation of the terms of the agreement.
The Supreme Court has set a time frame within which its various directions in respect of the pathway and the demolition of the illegal extension must be carried out. Within one month, all obstructions to the pathway must be removed. The demolition of the structures listed in the High Court's order and in the order of the Supreme Court must be done within three months. A compliance report must be filed by the Fomento Resorts in the Bombay High Court after the expiry of the period to indicate to the Court that the directions have been carried out.
(Claude Alvares)
Director/Goa Foundation
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