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Supreme Court of India 2022-08-26 dismissed

THE STATE OF RAJASTHAN AND ANOTHER vs ULTRATECH CEMENT LTD

Bench: 3 — N. V. Ramana, Hima Kohli, C. T. Ravikumar

In Brief

The State of Rajasthan challenged a High Court judgment allowing UltraTech Cement to allocate land classified as 'Johad' (water reservoir) for a cement plant in Jhunjhunu district. Although the land was recorded as 'Johad' in revenue records, multiple spot inspection reports by the Tehsildar conclusively showed no pond, water collection, or catchment area existed. The Supreme Court dismissed the appeal, holding that once the State had given in-principle consent and the condition to obtain a High Court No Objection Certificate was satisfied, the State could not challenge the judgment. The court found the land classification erroneous and directed the State to allot the land based on the actual ground position confirmed by revenue authorities' inspections, while requiring the company to develop alternative water harvesting structures as compensatory measures.

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