Tag: Public Purpose

Supreme Court: Courts Must Examine Contempt Grievances on Merits, Not Avoid Them
27Feb By The Legal ChamberNo Comments
Supreme Court

Supreme Court: Courts Must Examine Contempt Grievances on Merits, Not Avoid Them

The Supreme Court held that the High Court erred in dismissing a contempt petition on grounds of ambiguity in the original order. It clarified that contempt jurisdiction cannot be avoided merely because an order is allegedly capable of two interpretations. The Court must examine specific grievances of non-compliance based on material on record, not assume compliance from others' silence. Facts Of The Case: The dispute originated from Writ Petition No.3412 of 1992 filed by the predecessor of the appellants seeking completion of acquisition proceedings and possession of land bearing Gat No.78 in Village Chinchavali, Thane. On 17.01.2003, the Bombay High Court disposed of this petition along with four others through a common order. In this order, the Special Land Acquisition Officer s...
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Supreme Court on Land Acquisition: Proximity to Town & Highway Matters in Valuation
6Feb By The Legal ChamberNo Comments
Supreme Court

Supreme Court on Land Acquisition: Proximity to Town & Highway Matters in Valuation

The Supreme Court allowed the appeals, applying parity from its earlier decision in Manohar & Others. It upheld the market value determined from comparable sale exemplars but mandated a 20% deduction due to the superior location and smaller size of the exemplar plots. The Court awarded enhanced compensation with statutory benefits under the Land Acquisition Act, 1894, while denying interest for the delay in filing the Special Leave Petition. Facts Of The Case: The appellants were landowners whose agricultural lands near Jintur town in Parbhani District were acquired in the 1990s under the Maharashtra Industrial Development Act, 1961, for setting up an industrial area. The Land Acquisition Officer passed an award in 1994, fixing compensation. Dissatisfied with the quantu...
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Supreme Court Sides with Property Buyer: Restores ₹20 Crore Award Against Nashik Municipal Corporation
31Dec By The Legal ChamberNo Comments
Supreme Court

Supreme Court Sides with Property Buyer: Restores ₹20 Crore Award Against Nashik Municipal Corporation

This Supreme Court judgment interprets Section 26 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, affirming the method for determining market value based on comparable sale instances. It clarifies that rental compensation for pre-acquisition occupation is not statutorily mandated, but equitable interest may be awarded under Section 28 for specific periods of dispossession. Facts Of The Case: This case concerns a long-standing dispute over a 37-Are (3,700 sq. m.) plot of land in Nashik, originally part of Survey No. 8/1. In 1972, the Nashik Municipal Corporation (then Council) resolved to reserve the land for public purposes and took possession of this portion without formal acquisition. A 1978 notification under land acqu...
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Corporate vs. Cultivator: Supreme Court Rules Land Restoration Only for Disadvantaged Farmers
28Dec By The Legal ChamberNo Comments
Supreme Court

Corporate vs. Cultivator: Supreme Court Rules Land Restoration Only for Disadvantaged Farmers

The Supreme Court held that the restoration remedy in Kedar Nath Yadav, grounded in protecting vulnerable agricultural communities, does not extend to industrial entities. A party that accepted compensation without challenge and failed to pursue statutory remedies cannot belatedly claim relief from a judgment secured by others through public interest litigation. Facts Of The Case: The case concerns a dispute over the restoration of 28 Bighas of land in Singur, West Bengal, originally acquired in 2006 for the Tata Nano manufacturing project. The land was purchased and converted for industrial use by M/s Santi Ceramics Pvt. Ltd. (Respondent No. 1), which established a manufacturing unit thereon. The acquisition process, conducted under the Land Acquisition Act, 1894, was subsequently...
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Supreme Court Backs Landowners: Unused ‘Bachat’ Land Doesn’t Belong to Panchayat
6Nov By The Legal ChamberNo Comments
Supreme Court

Supreme Court Backs Landowners: Unused ‘Bachat’ Land Doesn’t Belong to Panchayat

The Supreme Court upheld that lands contributed by proprietors during consolidation proceedings, but not specifically reserved or utilized for common purposes (known as bachat land), do not vest in the Gram Panchayat or the State. Relying on the doctrine of stare decisis and Constitution Bench precedents, the Court affirmed that such land continues to belong to the original proprietors, dismissing the State's appeal. Facts Of The Case: The case originated from a challenge by landowners (respondents) to an amendment made by the State of Haryana in 1992 to the Punjab Village Common Lands (Regulation) Act, 1961. This amendment, via Haryana Act No. 9 of 1992, expanded the definition of "shamilat deh" (village common land) to include lands reserved for common purposes under the consolidation ...
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Supreme Court Clarifies Slum Laws: Landlords Get First Right to Redevelop Their Property
26Sep By The Legal ChamberNo Comments
Supreme Court

Supreme Court Clarifies Slum Laws: Landlords Get First Right to Redevelop Their Property

This Supreme Court judgement affirms that landowners possess a preferential right to redevelop their property declared as a Slum Rehabilitation Area under the Maharashtra Slum Areas Act, 1971. The Court held that the Slum Rehabilitation Authority must formally invite the landowner to submit a rehabilitation scheme. The power of the State to acquire the land under Section 14 of the Act is subject to this preferential right and cannot be exercised before this right is legally extinguished. Facts Of The Case: The case concerned a land dispute in Mumbai, where Indian Cork Mills Private Limited (ICM) was the owner of a plot that had been encroached upon by slum dwellers. A portion of the land was declared a slum area in 1979, and later, in 2011, the entire plot was declared a Slum Reh...
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When a Society Becomes a “Trust”: Supreme Court’s Landmark Ruling on Mismanagement in Charitable NGOs
6Sep By The Legal ChamberNo Comments
Supreme Court

When a Society Becomes a “Trust”: Supreme Court’s Landmark Ruling on Mismanagement in Charitable NGOs

The Supreme Court ruled that a society registered under the Societies Registration Act, 1860, can be construed as a constructive trust under Section 92 CPC if it is created for public charitable purposes and its properties are held in a fiduciary capacity. This allows aggrieved parties to sue for breach of trust and seek remedies like a scheme for administration. Facts Of The Case: In 2005, Operation ASHA, a society registered under the Societies Registration Act, 1860, was established to provide healthcare services, particularly tuberculosis treatment, to underprivileged sections of society. A dispute arose in 2020 when its co-founder and CEO, Sandeep Ahuja (Respondent No. 3), terminated the services of another co-founder, Dr. Shelly Batra (Respondent No. 1), alleging misrepresentation ...
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