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Civil Property & InheritanceSupreme Court of India

K. Raheja Corp. P. Ltd. v. Franky Monteiro (and connected appeals)

Civil Appeal · 2018 INSC 659Decided 31 Jul 2018
Civil Appeal No. 9336 of 2013
Justice Kurian Joseph · Justice Sanjay Kishan Kaul

Background

This group of eight connected civil appeals concerned land allotted in Goa by the Goa Industrial Development Corporation (Goa-IDC) for setting up Special Economic Zones (SEZs). During the pendency of the appeals, the Goa Cabinet resolved to take back all the SEZ land involved in these cases (over 38 lakh square metres allotted to seven parties) and refund the amounts the allottees had paid, with interest.

Decision Breakdown

The Additional Solicitor General placed the Goa Cabinet's formal order on record before the Court, and the appellants confirmed the arrangement was acceptable to them. The Supreme Court took the Government Order on record and disposed of all the appeals in terms of it, directing the Goa-IDC to refund the amount of roughly Rs. 256.57 crore (with interest already included) to the affected parties expeditiously, and in any event within three months.

Lesson Learnt

Where the government itself reverses an earlier land-allotment decision and offers a negotiated settlement (land taken back, money refunded with interest), the Supreme Court will readily convert that administrative resolution into a binding, time-bound court order rather than continuing protracted litigation.

K. Raheja Corp. P. Ltd. v. Franky Monteiro (and connected appeals) – Legal Case Shots | LegalAware