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Supreme Court of India 2018-03-12 allowed

Sivakami & Ors vs State of Tamil Nadu & Ors

Bench: 2 — Abhay Manohar Sapre

In Brief

Owners of 1.52 acres challenged land acquisition proceedings under the Land Acquisition Act, 1894. The Single Judge quashed the acquisition but gave no reasoned order. The Division Bench allowed the State's appeal and dismissed the writ petition without dealing with any issues or assigning reasons. The Supreme Court held that appellate courts must record reasoned findings addressing all parties' grounds. The power of review (limited to errors apparent on record) cannot do what was not done in appeal. As both courts failed to give reasoned decisions, the Court remanded the case to the Division Bench for fresh decision on merits with proper reasoned findings."

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Land Acquisition Civil Procedure Writ Petitions Judicial Review

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