Court upheld the Land Acquisition (Goa Amendment) Act, 2009 as constitutionally valid: It was not to benefited a singular entity only
Writ Petition (Civil) No. 131 of 2009
Bench: Justice Ranjan Gogoi; Justice Prafulla C. Pant
Case Brief: In the present case, a constitutional validity of the Land Acquisition (Goa Amendment) Act of 2009 was challenged, under Article 32 of the Constitution of India. This Amending Act was promulgated by the Governor of Goa, on 11th day of April, 2009, in respect of its section 41 of the said Land Acquisition Act, 1894. The petitioner herein is a non- governmental organization and it argued against the constitutional validity of the said amendment Act, as it was enacted to give legality and effect to the agreement executed by the respondent no. 3 under section 41 of the Act of 1894. The bench as such observed an essential question to consider, as ‘whether the provisions of the State Amendment Act are repugnant to those of the Principal Act, thereby invalidating the State law by virtue of Article 254(2) of the Constitution of India’. After considering all the materials available on record, including Minutes of the Cabinet, Meetings preceding the promulgation of the Ordinance in this connection, etc. and also after analysing the previous judgments of the Apex Court and various arguments raised by the counsels for the parties, the bench found that the petitioner’s argument that the said amendment was effected by the Government to benefit a singular entity- Respondent no. 3 is without any basis, whatsoever. It is clear from the Cabinet decision, which shown that the said action was undertaken on more broad based. It is also pointed by the bench that there is detailed reference, by names, in the said decision of the Cabinet to several other groups and corporations who are also appearing similar situated as like Respondent no. 3. Also, the bench observed that there was no merit in the plea of the violation of the principles of the Rule of Law and Judicial Review preferred by the petitioners. Thus, the said writ petition were dismissed by the bench as there is no merit found, and the validity of the said Amending Act of 2009 was upheld.
Read the Judgement: Goa Foundation & Anr. Vs. State of Goa & Anr