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Supreme Court of India 2023-03-03 allowed

Indore Development Authority vs Burhani Grih Nirman Sahakari Sanstha Maryadit

Bench: 2 — M.R. Shah, B.V. Nagarathna

In Brief

The Indore Development Authority developed Scheme No. 97 for residential, park, and industrial use in 1984. After landowners refused to sell their land voluntarily, the Authority requested land acquisition in 1987, but was met with court challenges. A Single Judge quashed the entire scheme and acquisition on three grounds: the scheme had lapsed (not implemented within three years); there was no valid delegation of power to decide objections; and selective land releases constituted discrimination. The Supreme Court reversed these findings, holding that taking substantial steps toward implementation within three years—including requesting acquisition—suffices under the statute; the delegation was valid as implicit in the powers granted; and releasing land on different grounds (exemptions, different uses, existing structures) does not constitute illegal discrimination if scheme integrity is preserved.

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Urban Land Development Land Acquisition Administrative Law Constitutional Law Delegation of Powers Scheme Lapse Discrimination and Article 14

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