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Supreme Court of India 2018-10-31 allowed

Nagpur Improvement Trust vs Sheela Ramchandra Tikhe

Bench: 2 — Ashok Bhushan

In Brief

The Nagpur Improvement Trust had acquired 44.61 acres of the respondent's land in 1962 for a drainage scheme and later offered to reallot it. The respondent requested reallotment of all 44.61 acres, but in 1982 the Trust allotted only 24 acres. The respondent sued in 1989 for the remaining 20.61 acres. The trial court decreed the suit, but the Supreme Court reversed this decision, holding that since the application for the remaining land was pending when new statutory rules (1983) came into force, it had to be decided under those rules, which did not permit direct allotment to former owners. The Court also held that after acquisition, land vests in the acquiring body and the former owner cannot claim its restoration."

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Land Acquisition and Compensation Administrative Law Statutory Rules and Regulations Property Rights Limitation Civil Procedure

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