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Supreme Court of India 2022-04-26 allowed

KALYANI (DEAD) THROUGH LRS. & ORS vs THE SULTHAN BATHERY MUNICIPALITY & ORS

Bench: 2 — Dinesh Maheshwari, Vikram Nath

In Brief

Farmers challenged the Panchayat's use of their agricultural land for road construction without compensation. The Panchayat claimed the land was voluntarily surrendered; the farmers asserted they were assured compensation. The Single Judge found no evidence of voluntary surrender and awarded compensation rights. The Division Bench reversed, placing the burden on farmers to prove the assurance. The Supreme Court held that the burden lies on the beneficiary (Panchayat) to prove voluntary surrender by clear documents. Finding no such evidence and consistent representations by farmers demanding compensation from 2011, the Court upheld Article 300A protection and directed compensation to be determined by the Collector, allowing the appeal.

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Constitutional Law Property Rights Article 300A Land Acquisition Compensation Administrative Law Right to Property Burden of Proof

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