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Supreme Court of India 2017-01-11 dismissed

Moti Bhawan Sahkari Samiti Ltd vs Sohan Lal Mali and Ors

Bench: 2 — <UNKNOWN>, <UNKNOWN>

In Brief

A cooperative society and residential plot allottees challenged a High Court order protecting a 3-bigha cremation ground in Jaipur from encroachment and residential development. The Supreme Court held that land reserved for a cremation ground since 1962 (by SDO order) cannot be allotted or regularized for any other purpose under the Jaipur Development Authority Act. The society's claim rested on a bare agreement to sell (not perfected by a registered deed and with minimal payment), which was invalid. A private court decree for permanent injunction from a civil suit where the JDA was not impleaded could not bind the authority. The Court affirmed the High Court's judgment and dismissed the petitions with costs."

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