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Supreme Court of India 2017-04-19 dismissed

Chhedi Lal Yadav and others vs Hari Kishore Yadav (D) Thr. Lrs. and others

Bench: 2 — <UNKNOWN>, <UNKNOWN>

In Brief

The appellants sought restoration of agricultural land under the Bihar Kosi Area (Restoration of Lands to Raiyats) Act, 1951, which provided relief to farmers dispossessed due to Kosi River floods. However, they filed their restoration application 24 years after the Act was enacted and pursued a second application 16 years after their first appeal was dismissed. The Supreme Court held that despite the beneficial nature of the legislation and the absence of a prescribed limitation period, proceedings must be taken within reasonable time. The substantial delay, during which the land changed hands multiple times in good faith, rendered the restoration claim untenable, as upholding it would unfairly prejudice innocent third parties. The appeal was dismissed.

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Limitation and Delay Beneficial Legislation Restoration of Land Statutory Interpretation Equitable Principles

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