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Supreme Court of India 2019-03-26 dismissed

V.KRISHNAMURTHY AND ANR vs STATE OF TAMIL NADU AND ORS

Bench: 2 — Abhay Manohar Sapre, Dinesh Maheshwari

In Brief

The Agricultural Horticultural Society challenged the State of Tamil Nadu's resumption of land allotted to it under a 1980 agreement. The State resumed the land in 1989 under clause 4 of the allotment order for public purposes—sports facilities and horticulture research. The Society alleged the resumption was motivated by political persecution, as its secretary belonged to the opposition party. The High Court's Single Judge allowed the challenge, but the Division Bench reversed. The Supreme Court upheld the Division Bench, holding that bare allegations of mala fides without substantial evidence cannot defeat a valid contractual right to resume land for public purposes. The appeals were dismissed.

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