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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

The Supreme Court dismissed special leave petitions challenging a High Court order protecting a 3-bigha cremation ground in Jaipur's Brijlalpura village, established by a 1962 revenue order. The co-operative society and plot allottees claimed ownership through an unregistered 1980 agreement to sell and a private decree from an unrelated property. The Court held that land recorded as reserved for cremation grounds in revenue records cannot be diverted to private use. The private decree concerned a different plot and did not bind the State. Statutory law prohibits allotting such reserved land for other purposes. The petitioners' undisguised attempt to negate the reservation lacked substance; the High Court's protective order was affirmed with costs.

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Land Revenue Law Cremation Ground Adverse Possession Property Rights Municipal Law Development Authority Public Interest Litigation Land Resumption

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