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Supreme Court of India 2021-12-16 allowed

U.P. Avas Evam Vikas Parishad through Housing Commissioner & Anr vs Noor Mohammad & Ors

Bench: 2 — V. Ramasubramanian

In Brief

A statutory housing authority appealed against High Court orders that set aside the government's cancellation of a notification releasing land from acquisition. The land was originally acquired for housing development, then released in 2003 after the owners claimed religious sentiments (ancestral cemeteries). The government later discovered the owners had falsely represented their intentions and were instead selling the land commercially. The Supreme Court held that notifications under the Land Acquisition Act can be rescinded under the General Clauses Act, that such administrative acts are not quasi-judicial, and that fraud or misrepresentation nullifies any vested rights. The Court allowed the appeals, setting aside the High Court orders and restoring the acquisition.">

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Land Acquisition Property Rights Administrative Law Constitutional Law Public Purpose Fraud and Misrepresentation

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