In Brief
The U.P. Avas Evam Vikas Parishad sought to cancel a 2003 Notification releasing acquired land from acquisition, on the ground that the release was secured through false representations by the original owners claiming ancestral cemeteries. The owners claimed once land is released, fresh acquisition is required. The Supreme Court held that a Notification under Section 48(1) of the Land Acquisition Act is administrative, not quasi-judicial, and can be rescinded under Section 21 of the General Clauses Act. An order obtained through fraud confers no vested rights. Since the owners had violated the condition not to sell and instead engaged land mafia in commercial sales, the cancellation was valid. The Court allowed the appeal and dismissed the High Court's writ petitions, enabling the Parishad to proceed with the acquisition.
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