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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

The Odisha Industrial Infrastructure Development Corporation (IDCO) regularized an industrial plot in favour of an unauthorized occupant (Respondent No. 7) at Rs. 7,89,350/-, based on auction rates prevailing at the time. Respondent Nos. 1-6, other plot-holders, filed a writ petition challenging this regularization as violating statutory procedures and undervaluing public property. The High Court set aside the regularization. The Supreme Court allowed IDCO's appeal, holding that: (1) Government land transferred under Section 32 of the OIIDC Act need not follow Section 33's acquisition procedures; (2) regulations are not a condition precedent for exercising statutory powers; (3) auction is not mandatory for disposing public property; and (4) the price charged was reasonable under the applicable policy. The regularization was upheld as a valid exercise of administrative discretion.

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Industrial Development Land Acquisition and Disposal Administrative Law Regularization of Encroachments Public Property Constitutional Law

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