Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Easements Act Licence |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Major Port Trust Act, 1963 (38 of 1963) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | s. 49 r/w s. 111 - Conditions for use of land belonging to Board - Held: Board is bound by policy directions given by Government of India from time to time u/s 111 - Land Policy guidelines, 2004 forbid sale or lease of land and enable the Board only to grant or renew a licence - The 2010 policy guidelines restrict the authority of the Board to renew the licences for only two terms - The tenure of any licence is stipulated to be for a maximum period of 11 months - Thus, the policy only enables the Board to renew licences granted but does not create any vested right in favour of licensor - Therefore, allotment of plots in dispute is only by way of a licence, as defined u/s 52 of Easements Act, 1882 - Land Policy for Major Ports, 2004- Land Policy for Major Ports, 2010 - Easements Act, 1882s. 52. |
Judge | Hon'ble Mr. Justice Jasti Chelameswar |
Neutral Citation | 2013 INSC 848 |
Petitioner | Yazdani International P. Ltd. |
Respondent | Auroglobal Comtrade P. Ltd. & Ors. |
SCR | [2013] 17 S.C.R. 801 |
Judgement Date | 2013-12-17 |
Case Number | 11229 |
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