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Supreme Court of India 2021-01-19 allowed

Bajranga (Dead) by Lrs vs State of Madhya Pradesh & Ors

Bench: 3 — <UNKNOWN>, <UNKNOWN>, <UNKNOWN>

In Brief

Bajranga's heirs challenged the state's takeover of surplus land under the Madhya Pradesh Land Revenue Code. The state had not complied with statutory procedures: it failed to notify a competing claimant (Jenobai) whose pending suit could determine the same land, and did not stay proceedings pending that suit's outcome. Although property is no longer a fundamental right, Article 300A still protects it; deprivation must follow legal procedure. Since a decree in Jenobai's favour would reduce Bajranga's total holding below the ceiling, no surplus land would exist to takeover. The Court held the state violated the Act's mandatory procedural requirements and set aside the takeover order.

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Land Law Constitutional Law Property Rights Land Revenue Code Administrative Law Civil Procedure

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