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Supreme Court of India 2024-12-13 dismissed

URBAN IMPROVEMENT TRUST vs SMT. VIDHYA DEVI AND ORS

Bench: 2 — J.B. Pardiwala, Manoj Misra

In Brief

The Supreme Court upheld the quashing of land acquisition proceedings initiated by the Urban Improvement Trust, Rajasthan under the RUI Act, 1959. The Court held that the right to property under Article 300A cannot be brushed aside merely due to delay in challenging the acquisition. Procedural safeguards—mandatory individual notice to all landowners and timely payment of compensation within six months of the Amendment Act, 1987—must be strictly followed. For one parcel (Moongaska land), the Court found improper notice deprived some owners of the right to be heard. For another (Nangli Kota land), compensation was deposited 12 years late, breaching Section 60A(4) and Section 52(7) which requires payment before transfer of possession. The Court dismissed the appeals and upheld the High Court's judgment.

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Land Acquisition Property Rights Administrative Law Constitutional Law Procedural Fairness Statutory Construction Civil Procedure Equity and Laches State Powers

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