SC Asks Cidade To Clear Way To Beach

SC Asks Cidade To Clear Way To Beach 21 Jan 2009, 0315 hrs IST, TNN PANAJI: The Supreme Court on Tuesday directed Fomento Resorts and Hotels to demolish the extended portion of their Cidade de Goa hotel building within three months and open access to Vainguinim beach. The judgement arose from an appeal filed by the hotel against the order of the Bombay high court in April 25, 2000, which had ordered the demolition of the same portion. One Minguel Martins had approached the high court in 1991 seeking the opening of traditional access to the beach and had sought demolition of constructions made in violation of norms by the hotel. While dismissing the appeal, a bench comprising justice BN Agrawal and justice GS Singhvi directed the company to demolish the extended portion of the hotel building within three months and report the matter to the development authority. The development authority is required to submit the compliance report to the Goa bench of the Bombay high court. The SC also observed that the authority should take action should the company fail to demolish the portion. The court also directed that the access, shown in plan attached to writ petition, be kept open without obstructions of any kind for those approaching the beach from Machado's Cove. The court also observed that if, while the case was in court, Fomento had erected "any obstruction" or "construction to block or hinder access to the beach", then it would have to be removed within a month from the order being passed. Anil Divan senior counsel appearing for Fomento, argued that even though access to the beach may have been available before acquisition of the land, and that the people may have been using it to go to the beach, the right was terminated as soon as possession of the land was taken by the government. State government counsel Pallav Shishodia also adopted the same argument. However, the court observed, "We are quite surprised with the stance adopted by the state Government". The state government had acquired the land in 1983. After the government had taken possession of the acquired land, Fomento entered into an agreement. The court further noted that, "Both, the appellants and state functionaries, knew that there existed public access to the beach through survey no 803 (new no 246/2), that members of public were using the same since time immemorial and that it was necessary to protect that right." Meanwhile, another appeal filed by Goa Foundation and some others seeking the setting aside of the high court order of April 25, 2000 was dismissed by the SC. The high court had rejected the Goa Foundation's prayer seeking public access through survey no. 787 (new no 246/1) to Vainguinim beach and car parking in another area and demolition of a construction made in an open area.

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