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Supreme Court of India 2018-03-12

Rameshwar & Others vs State of Haryana & Others

Bench: 2 — Uday Umesh Lalit

In Brief

A group of 117 farmers challenged the withdrawal of land acquisition proceedings initiated by the Haryana Government. The Court found that land acquisition notification was issued in 2004 to develop an industrial township, but the State later dropped the acquisition after private builders purchased the farmers' land at artificially suppressed prices. The Supreme Court held that the State's decisions to withdraw the acquisition were fraudulent exercises of power motivated by collusion with builders, not genuine public interest. The Court deemed an award as passed as of the date it would have been pronounced and directed the land vest in the State free from encumbrances, while protecting innocent third-party apartment purchasers and providing rehabilitation to affected landholders.

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Land Acquisition Fraud on Power Administrative Law Public Interest Mala Fides Unjust Enrichment Restitution Constitutional Law Writ Jurisdiction Colourable Exercise of Power

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