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Supreme Court of India 2024-05-10 dismissed

Mrugendra Indravadan Mehta and others vs Ahmedabad Municipal Corporation

Bench: 2 — A.S. Bopanna, Sanjay Kumar

In Brief

Landowners whose father surrendered his property under a Town Planning Scheme sought ₹1.64 crore compensation after receiving a smaller plot in a later varied scheme. The Supreme Court held that plot owners have no guaranteed right to be allotted any reconstituted plot, let alone one of equal area. By accepting the smaller allotted plot and depositing compensation without protest, the owners foreclosed their right to seek additional damages. The Court emphasized that Town Planning Schemes are statutory adjustments of property rights where the authority has broad power to vary schemes under Section 71. Since the owners failed to provide evidence of land values at the relevant time and did not use the statutory appeal remedy under Section 54, their monetary claim was properly dismissed.

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Town Planning Law Urban Development Property Rights Compensation Administrative Law Statutory Interpretation

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