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Supreme Court of India 2018-05-01 allowed

Telangana Housing Board vs Azamunnisa Begum (Died) Thru. Lrs. & Ors

Bench: 2 — Madan B. Lokur

In Brief

The Telangana Housing Board acquired Survey No. 1009 in 1968 under the Land Acquisition Act for a Housing Scheme, with an award of 661.04 acres. Twenty-five years later, the owner claimed that the survey measurement was erroneous and 11 acres (or 20 acres per re-survey) remained unacquired. The Supreme Court held that the entire survey was acquired, no clerical error existed (since discovery required new surveys decades later), and the belated claim after 25 years without explanation could not be entertained. Where third-party rights arise through development, correction claims must be made within reasonable time. The Court upheld the Housing Board's acquisition.

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Land Acquisition Law Civil Procedure Clerical Error and Correction Delay and Laches Third Party Rights Administrative Law Revenue Law

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