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Supreme Court of India 2018-09-07 allowed

Mysore Urban Development Authority vs K.M. Chikkathayamma & Ors

Bench: 2 — Abhay Manohar Sapre

In Brief

Mysore Urban Development Authority (MUDA) challenged the High Court's dismissal of its appeals as 'not pressed', following land acquisition proceedings in Dattagalli village. The respondents had sought dismissal on the ground that MUDA resolved to drop the contested lands from acquisition. The Supreme Court held that a right of appeal is valuable and cannot be abandoned without express authority and strict statutory compliance. The Division Bench's dismissal lacked legal basis as neither an express prayer for withdrawal nor clear intent to abandon the appeals could be inferred from MUDA's Board resolution. The Court allowed the appeals and remitted the case to the High Court for decision on merits.

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Land Acquisition Urban Development Civil Procedure Statutory Interpretation Right of Appeal Administrative Law

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