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Supreme Court of India 2023-08-01 dismissed

Yadaiah and Anr vs State of Telangana and others

Bench: 2 — Surya Kant, J.K. Maheshwari

In Brief

The Supreme Court upheld the resumption of 142.39 acres of assigned land in Manchirevula village, Telangana, originally granted to landless Scheduled Caste persons in 1961. The appellants' legal heirs claimed ownership through a general power of attorney executed to M.A. Baksh, who subsequently sold portions to private individuals. The Court held that the GPA and resulting sales violated the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977, as the land was non-alienable under applicable policy. Earlier proceedings challenging the assignment's regularity were barred on technical grounds, but fresh proceedings under Section 4 of the 1977 Act were permissible. Resumption for public purpose (Greyhounds Commando Force training facility) does not require compensation, as 'resumption' differs legally from 'acquisition' under Article 300-A. The appellants were not entitled to relief.

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Land Law Constitutional Law Administrative Law Res Judicata Property Rights Scheduled Castes/Scheduled Tribes Government Lands Assignment of Lands Revisionary Jurisdiction

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