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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 acquired 44.61 acres of land from the respondent in 1962 for a drainage and sewerage scheme. In 1975, the Trust offered to reallot all 44.61 acres to the respondent, but when she sought a reduction in the premium charged, the Trust allotted only 24 acres in 1982. The respondent sued for the remaining 20.61 acres. The trial court granted the relief, but the Supreme Court reversed this, holding that once land vests in an acquiring authority, the former owner has no right to reallotment. The court also held that new statutory rules governing land disposal (Rules, 1983) applied to the pending claim for the remaining land, and the respondent's claim did not fall within prescribed disposal procedures. The appeal was allowed and the suit dismissed.

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Land Acquisition Administrative Law Statutory Rules and Regulations Civil Procedure Limitation Public Interest Government Property

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