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Supreme Court of India 2017-12-01 disposed

Mansukhbhai Dhamjibhai Patel & Anr vs State of Gujarat & Ors

Bench: 2 — <UNKNOWN>, <UNKNOWN>

In Brief

The appellants' land was acquired for a dam project in 1981. In 2011, they sought its return under a 2001 Government resolution permitting re-grant of acquired land deemed unused. The High Court rejected this, citing Supreme Court precedent that land acquired for public purposes cannot be re-granted. The Supreme Court upheld this, holding that the re-grant policy violates Article 14 because it lacks valid criteria and ignores the public trust doctrine. The Court invalidated the policy going forward but allowed the State to frame a lawful rehabilitation policy for persons rendered landless by acquisition, within three months. The appeals were disposed of accordingly.

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Land Acquisition Constitutional Law Public Trust Doctrine Equal Protection

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