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Supreme Court of India 2018-10-30 allowed

J.S. Luthra Academy & Another vs State of Jammu and Kashmir & Others

Bench: 2 — Mohan M. Shantanagoudar

In Brief

The Supreme Court held that a State Government's allocation of land to a private educational institution without public auction was valid where backed by a social welfare purpose—ensuring continuity of education for hundreds of students after eviction from Wakf property. However, the free allotment of 2 kanals violated principles of adequate compensation. Rather than cancel the entire transfer, the Court allowed the institution to cure the defect by paying Rs. 16,00,000 (at Rs. 8,00,000 per kanal) with 6% interest from the allotment date, preserving a bona fide transfer that served public educational interests.

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Constitutional Law Administrative Law Property Law Education Law Natural Resources Allocation Article 14 - Equality Public Interest Arbitrariness Land Allotment

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