By Our Special Correspondent
Daijiworld Media Network - Panaji (SP)
Panaji, Feb 26: Goa government has taken a decision to promulgate an ordinance to ammend a 114-year-old law to save a portion of the five star resort that was ordered to be demolished by the Supreme Court(SC).
The resort in question, 'Cidade de Goa' owned by Fomento Resorts and Hotels, was fighting against odds, following the SC judgement that went against the hotel management. The court in its order dated January 21, 2009 had ordered for the demolition of a portion of the resort run by it, including 54 hotel rooms besides health club, conference room, business room and other facilities.
Digamber Kamat-led cabinet this week, arrived at a decision to promulgate an ordinance, ammending the state’s Land Acquisition Act, 1894 by inserting sections 41 (6), (7), (8) and (9), to ensure that the government is vested with the power to modify any of the agreements to meet the exigencies arising at any time.
The Dona Paula-based resort was granted land by the government, duly imposing certain conditions including allowing access to members of the public to the beach. The agreement between Goa government and the Hotel also had stipulated, that it will not encroach upon certain portions of the land and that it would keep water sports open for everyone.
“SC has interpreted certain clauses in the agreement, in a way that was not intended by the parties to the agreement when signing it. It is therefore, felt necessary to ammend the said Act by conferring the government with the power to modify or ammend the agreement as it deems fit,” a senior bureaucrat said.
“This power is otherwise also necessary with changing times. Ammendment to agreements may be the need of the day. The Land Acquisition Act is in the concurrent list number three of schedule VII of the Constitution of India and hence, the government has legislative competence to make ammendments to the Act as per the demands of changing times,” he added.
The employees working in the resort had recently held a silent protest walk in the city and later, had represented to the state government, seeking its intervention on the issue. The Employees Association had pointed out that around 650 jobs would be lost, if the demolition takes place as ordered.
The Hotel’s managing director Anju Timblo had already served notices to the workers, hinting at the impending job cut and also said that the demolition would begin in the first week of March. The court had asked the demolition to be completed by April 10, 2009.
Goa Chief Minister Kamat had earlier said that he would be seeking legal opinion on the issue as `it involves job loss for many.’
This week, the cabinet decided to place the ordinance before the Governor of Goa Dr S S Sidhu, as the legislative assembly is not in session. The ordinance says that the amendment shall be deemed to have come into force with effect from October 15, 1964.
“Notwithstanding anything contained in any judgment, decree or order of any court, tribunal or any other authority, if any agreement entered into between the government and the company there be any clauses prohibiting the company from constructing any building or structures in the acquired land, such clauses shall stand deleted with retrospective effect from October 15, 1964,” the suggested amendment reads.