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Supreme Court of India 2021-09-20 allowed

State of Tamil Nadu & Ors vs M.S. Viswanathan & Ors

Bench: 2 — V. Ramasubramanian

In Brief

A dispute arose over surplus urban land declared vacant under Tamil Nadu's land ceiling law in 1980. The original owner voluntarily surrendered the land to the Government in writing on 11 November 1980. The act was repealed in 1999 with a savings clause allowing restoration of un-possessed land. Decades later, the owner's heirs filed a writ petition claiming possession was never taken over, relying on inspection reports showing the land remained vacant and walled off. The Supreme Court allowed the Government's appeal, holding that the heirs' explicit written acknowledgment of voluntary surrender by the original owner could not be reinterpreted after her death, and that inspection reports showing the land vacant did not rebut the contemporaneous surrender letter. The Court also rejected the claim noting the heirs had subsequently attempted to commercialise the land through third-party developers, constituting an improper scheme.",

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Urban Land Ceiling Land Law Property Rights Administrative Law Statutory Interpretation Repeal Act

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