MINGUEL MARTINS Vs. SOCIEDADEE FOMENTO INDUSTRIES PRIVATE LIMITED

JUDGEMENT

(1.) THE issues involved in all these petitions are similar and as such the petitions are heard together and are being disposed off by common judgment.

(2.) THE petitioner in Writ Petition No. 330/91 is a plot holder in Machados Cove surveyed under No. 792 (old) and the challenges in this petition are four fold. The first challenge relates to the agreement dated 26-10-1983 between the President of India and Fomento Hotels and Resorts Limited formerly called Gomantak Land Development Pvt. Ltd. (hereinafter called the hotel), the second challenge relates to the access through the land surveyed under No. 246/1 (old 787), which is also the subject matter in Writ Petition No. 284/91 and 37/92, and the third challenge is that the said Survey No. 787 and 803 (246/2 new) fall within C. R. Z. Regulation and as such no development can be carried out therein. In so far as the third challenge is concerned the learned Advocate for the petitioner has submitted that the petitioner does not press this challenge in this petition since this challenge in elaborate form is the subject matter of a separate petition filed by Goa Foundation which is pending. The fourth challenge in this petition is relating to sewage treatment plant but the same is also not pressed and no arguments have been advanced in that connection.

(3.) THE petitioner in Writ Petition No. 36/1992 is Goa Foundation and basically it has raised the same challenge which correspond to challenge No. 1 in Writ Petition No. 330/91. The second challenge in this petition relates to claim of public access through Survey No. 246/2 (803 old) to the Vainguinim beach.