Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | and s.48-8 (as inserted by Land Acquisition (Tamil Nadu Amendment) Act 1894: s.48 LAND ACQUISITION ACT 1996 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Land Acquisition Act, 1894 (1 of 1894) |
Case(s) Referred | Referred Case 0 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | LAND ACQUISITION ACT, 1894:s.48, and s.48-8 (as inserted by Land Acquisition (Tamil Nadu Amendment) Act, 1996 - Release of acquired land - Land acquired in 1949 and transferred to Municipal Corporation - Government, by order dated 19.3.1995, directing reconveyance of a portion of the land to land-owners. However, subsequently, by order dated 25. 7. 1995, the order dated 10. 3. 1995 cancelled - Writ petition of land owners allowed by High Court - HELD: When the order of re- conveyance was made on 10.3.1995, s.48 of the Act was holding the field - Under the provisions of s.48 the land- owners had no right of asking for re-conveyance in ยท 1995 as the possession had been taken in 1949 and land vested in Government in 1962 - Further, the Government divested itself by giving the land over to the Corporation - So, exercise of power by Government in cancelling the previous reconveyance cannot be faulted. - Section 48-8 is not retrospective in operation - Even before making release of land u/s 48-8, Government must be satisfied that the land is not required for any public purpose - Corporation needs the land for parking space, which is certainly a public purpose . In view of clear provisions of s.48, there is no question of promissory estoppel which is an equitable doctrine and has no application to the facts of the case - Promissory estoppel - Equity. |
Judge | Hon'ble Mr. Justice A.K. Ganguly |
Neutral Citation | 2011 INSC 294 |
Petitioner | The Commissioner, Corporation Of Chennai |
Respondent | R. Sivasankara Mehta And Another |
SCR | [2011] 5 S.C.R. 243 |
Judgement Date | 2011-04-13 |
Case Number | 5740 |
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