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Supreme Court of India 2019-10-03 allowed

SMT. KASTURIBAI SUKHARAM KHANDELWAL TRUST vs INDORE DEVELOPMENT AUTHORITY

Bench: 3 — Mohan M. Shantanagoudar, Ajay Rastogi, N.V. Ramana

In Brief

The Supreme Court upheld the Indore Development Authority's allotment of land to Smt. Kasturibai Sukharam Khandelwal Trust for a community hall. The Trust had properly applied in response to a public advertisement dated 7th September 1989. Although the Authority had erroneously issued an allotment to a competing Trust (Shri Khandelwal Trust) on the same date, it correctly rectified this error by cancelling that allotment via Resolution dated 11th February 1991. Since the competing Trust had never applied pursuant to the advertisement and the appellant had long since executed a lease, constructed the building, and opened the community hall to the public, directing a fresh reconsideration would serve no purpose. The Court dismissed the High Court's direction for a comparative reassessment.

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Administrative Law Public Property Law Land Allotment Natural Justice Statutory Procedure Public Trusts Writ Petition Appellate Jurisdiction

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