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Supreme Court of India 2018-02-19 allowed

Odisha Industrial Infrastructure Development Corporation Limited vs Pitabasa Mishra & Ors

Bench: 2 — L. Nageswara Rao

In Brief

A statutory corporation (IDCO) regularized an unauthorized industrial plot occupied since 1996 and charged Rs.7,89,350/- based on the 2004 policy. Neighboring allottees challenged this, arguing no auction was conducted and the price was below market value. The High Court set aside the regularization. The Supreme Court held that (1) government land transferred to the corporation is dealt with independently of auction requirements; (2) regulations are not mandatory preconditions for regularization; (3) auction is not a constitutional mandate; and (4) the 2008 policy barring regularization did not apply retroactively. The Court approved the regularization, finding no unfairness and relying on established policy and the applicant's long-pending request.

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Land Law Industrial Law Administrative Law Public Property Disposal Statutory Corporations Regularization of Encroachments

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