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Supreme Court of India 2022-08-30 allowed

MAHADEO & ORS vs SMT. SOVAN DEVI & ORS

Bench: 2 — Hemant Gupta, Vikram Nath

In Brief

A widow of a disabled war veteran sought possession of land allegedly allotted to her deceased husband in 1971 based on an inter-departmental communication. The High Court had directed possession of the originally allotted land near a National Highway. The Supreme Court held that the inter-departmental communication was not a formal letter of allotment and did not create enforceable rights under Article 166. The Court found the claim mischievous: the husband had not sought possession for 27 years, statutory cancellation rules were ignored, and innocent third parties had cultivated the land for over 60 years. The order of the High Court was set aside.

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Constitutional Law Administrative Law Land Allotment Veterans' Entitlements Writ Jurisdiction Executive Orders

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