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Supreme Court of India 2020-08-14 dismissed

Union of India & Anr vs M/s. K.C. Sharma & Co. & Ors

Bench: 3 — Ashok Bhushan, R. Subhash Reddy, M.R. Shah

In Brief

The Union of India challenged a High Court decision upholding a grant of agricultural lease to private respondents. The respondents had leased uncultivable government land through public auction to remove soil alkalinity and cultivate it for five years. Years later, the government sued claiming the lease was obtained by fraud and collusion with a Panchayat official. The Supreme Court held that fraud allegations must be pleaded with specific particulars and proved by cogent evidence. Since the lease was granted through formal processes with multiple official approvals and public auction with competing bidders, and the respondents continued in possession and paid rent as reflected in revenue records, no fraud was established. The appeals were dismissed.

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Land Acquisition Civil Procedure Fraud Lease vs. Licence Compensation Transfer of Property Act

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