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Supreme Court of India 2018-05-10 allowed

Mohini Dang vs State of U.P. & Ors

Bench: 2 — Kurian

In Brief

The appellant was allotted a plot of 175 sq. metres in 1986 by the Ghaziabad Development Authority for Rs. 3,19,375 (at Rs. 2,000 per sq. metre). Decades later, facing non-receipt of compensation attempts and changed circumstances, the appellant was offered a new plot of 207.11 sq. metres at the current market rate of Rs. 61,500 per sq. metre. The Supreme Court held that fairness required the appellant pay the current rate only for the excess land (32.11 sq. metres), with other charges calculated at present market value for the full plot, adjusting the prior payment made. The Authority was directed to provide a fresh calculation within one month.

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Real Property Law Administrative Law Land Allotment Restitution Equitable Remedies

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