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Supreme Court of India 2016-10-03 allowed

Hubli-Dharwad Urban Development Authority vs Shekhargowda Chennabasannagowda Phakirgowdar & Anr

Bench: 2 — L. Nageswara Rao

In Brief

The Hubli-Dharwad Urban Development Authority acquired 54 acres including 2.36 acres belonging to the respondent for a housing scheme. The High Court quashed the acquisition, holding that the landowner's objections were not considered, possession was not taken, and the scheme remained unimplemented on his land. The Supreme Court reversed this, finding that the respondent never filed objections (his name did not appear in the list of objectors), a Panchnama documented possession-taking in September 2005, and a Section 16(2) Gazette notification was conclusive proof of possession. The Court rejected the respondent's contradictory claims of continued occupation and allowed the appeal.

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Land Acquisition Urban Development Administrative Law Property Rights Procedural Compliance

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