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Supreme Court of India 2025-07-14

ESTATE OFFICER, HARYANA URBAN DEVELOPMENT AUTHORITY AND ORS vs NIRMALA DEVI

Bench: 2 — J.B. Pardiwala, R. Mahadevan

In Brief

The Supreme Court held that land acquisition does not violate fundamental rights of displaced persons, who are entitled to resettlement under applicable policies but not as a matter of legal right. The Court distinguished Brij Mohan v. HUDA, finding it inapplicable to cases where oustees failed to apply in prescribed format with earnest money deposits. The applicable policy is the one in force when an application is made pursuant to a current advertisement and allotment. The Court directed eligible oustees to apply under the 2016 policy within four weeks, rejecting claims under the earlier 1992 policy. The Court clarified that mandatory injunctions require breach of enforceable obligations and judicial discretion, and that rehabilitation schemes are discretionary, not constitutionally mandated benefits.

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Land Acquisition Rehabilitation and Resettlement Mandatory Injunction Specific Relief Constitutional Rights Public Policy Oustees' Rights

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