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Supreme Court of India 2018-02-15 dismissed

Khatoon & Ors vs State of U.P. through Principal Secretary & Ors

Bench: 2 — Abhay Manohar Sapre

In Brief

In this consolidated appeal, land owners who did not challenge acquisition proceedings in the High Court sought allotment of developed abadi plots granted by the High Court to land owners who had litigated the same acquisition. The Supreme Court held that extraordinary reliefs granted by the High Court in specific circumstances are confined to parties who sought them. The Court distinguished between the legal positions of litigants and non-litigants in the acquisition proceedings. Although all land owners received statutory compensation plus 64.70% additional compensation, the discretionary allotment of abadi plots was not automatically extended to non-litigants. The Court found no legal right or factual foundation for the non-litigant land owners' claims and dismissed their appeals, holding that Article 14 does not require equal extension of discretionary court-granted reliefs to similarly situated parties outside the original litigation.

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Land Acquisition Administrative Law Constitutional Law – Article 14 Equality Remedial Law – Mandamus Public Law Writ Jurisdiction

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