Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Constitution of India - Art.14. Land Acquisition |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Re-grant of acquired land - Acquisition of land owned byappellant - Resolution passed by the Government permitting re-grant of land where land is considered to be of no use for publicpurpose - In view of the resolution, appellants approached the HighCourt for release of the land - High Court held that the land onceacquired for public purpose could not be re-granted to the originalowner - On appeal, held: The policy is in violation of law - lf landacquired for public purpose is no longer needed for such purpose,the State can transfer such land but such disposal is regulated bydoctrine of public trust - ln instant case, apart from the appellantshaving not been found entitled to re-grant of the acquired land, re-grant policy itself is against Art.14 - Policy of the State may not begiven effect to in future - State at liberty to frame the appropriatepolicy in accordance with law for rehabilitation of the displacedpersons who are rendered landless - Constitution of India - Art.14. |
Judge | N/A |
Neutral Citation | 2017 INSC 1299 |
Petitioner | Mansukhbhai Dhamjibhai Patel & Anr. |
Respondent | State Of Gujarat & Ors. |
SCR | [2017] 12 S.C.R. 115 |
Judgement Date | 2017-12-01 |
Case Number | 20919 |
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