land allotment Archives

doctrine of proportionality public land allotment

Doctrine of Proportionality Bars Demolition 17-Year-Old Commercial Complex Affecting 8,000 Livelihoods; SC Directs Regularisation of Illegal CIDCO Allotment on Payment of ₹318.31 Crores

By judgment day, the mall had been running for seventeen years, supporting 8,000 livelihoods and generating ₹100 crores in annual tax revenue. The Supreme Court held that demolition would not vindicate the public interest, it would destroy it.

allotment cancellation due to unauthorised construction

Case Briefs High Courts

Unauthorized construction does not justify cancellation of allotment of land in lieu of acquisition on Monarch’s orders: J&K and Ladakh HC

“The cancellation order, on the face of it, appeared to be a brazen endeavour of the official machinery to deprive a land owner of his legitimate right to have an alternative in lieu of his acquired land by the State.”

Case Briefs High Courts

‘Permissive possession does not create possessory rights’; Calcutta High Court upholds KMDA’s right to cancel the land allotment

Calcutta High Court held that the physical possession of the land was not given to the petitioners, and no lease deed was executed in their favor, leading to the conclusion that they were in permissive possession.

Case Briefs Supreme Court

SCBA cannot assert right over 1.33 acres of Supreme Court land for constructing lawyers’ chambers; Supreme Court dismisses petition filed by Senior Advocate Vikas Singh

The Supreme Court observed that such matters cannot be resolved by the application of judicial standards and have to be taken up on the administrative side of the Supreme Court.

Case Briefs Supreme Court

Authorities cannot be punished for inaction in exercise of power within the prescribed period in the absence of statutory bar: Supreme Court

Supreme Court said that the Allahabad High Court committed a serious error in interpreting Rule 176(4) of Uttar Pradesh Zamindari Abolition and Land Reforms Rules, 1952.