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Supreme Court of India 2017-05-12 allowed

Uma Shankar & Ors vs R. Hanumaiah since deceased through His Lrs. & Ors

Bench: 2 — <UNKNOWN>, <UNKNOWN>

In Brief

The Bangalore Development Authority had acquired land in 1959 and took possession in 1975. After a prior Supreme Court judgment in 2005 held that re-conveyance was impermissible post-vesting, the State illegally issued a de-acquisition notification in 2009, then withdrew it. The Court held that once land vests in the State and possession is taken under the Land Acquisition Act, it cannot be de-acquired. The 2009 de-acquisition notification was void and in contempt of the 2005 judgment. The withdrawal notification was valid. The High Court erred in ignoring the binding 2005 precedent and in directing the State to reconsider. The appeal was allowed with costs.

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Land Acquisition Administrative Law Constitutional Law Statutory Interpretation

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