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january 2009

Supreme Court of India · 2009-01-20

Fomento Resorts & Hotels & Anr vs Minguel Martins & Ors

Citation / case number
AIRONLINE 2009 SC 694
Court
Supreme Court of India
Petitioner
Fomento Resorts & Hotels & Anr
Respondent
Minguel Martins & Ors
Bench
G.S. Singhvi, B.N. Agrawal

Judgment text excerpt

The Supreme Court upheld the High Court's order directing the demolition of unauthorized construction in survey No.803 (new No.246/2) and mandated the maintenance of public access to Vainguinim beach, emphasizing the importance of public rights over private interests. The Court reiterated that any development must not infringe upon the public's right to access natural resources, as protected under relevant land use regulations. The judgment reinforces the principle that private property rights are subject to public interest considerations, particularly in coastal areas.

Fomento Resorts & Hotels & Anr vs Minguel Martins & Ors · Niyam