NDLI: Nagpur Improvement Trust Vs. Sheela Ramchandra Tikhe

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Nagpur Improvement Trust Disposal Rules 1988:
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0 Referred Case 1
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Nagpur Improvement Trust Disposal Rules, 1988:s.5(2) – Disposal of surplus land – Policy decision in theyear 1968 by appellant-Trust to dispose of 44.61 acres of land tothe owners of the land from whom it was acquired by way ofacquisition proceedings – Respondent (the owner from whom theland was acquired) filed application dated 3.9.1975 for re-allotmentof entire 44.16 acres – On 6.10.1975 decision was taken to re-allotthe 44.61 acres of land on lease to the respondent on certain termsand conditions – The decision was communicated to the respondenton 16.10.1975 – The respondent requested to reduce the amount ofpremium – Appellant on 9.6.1982 allocated to the respondent 24acres out of 44.61 acres – Respondent acknowledged t54heallotment – Possession of the land was handed over on 11.11.1982– The respondent thereafter requested the appellant to releaseremaining 20.61 acres of land to her – On 9.2.1989 appellantexecuted lease in favour of respondent in respect of 24 acres ofland – Respondent filed suit seeking declaration that she was entitledto re-allotment of 20.61 acres of land – Trial court decreed the suit– Appellate court held that the respondent was not entitled forallotment – High Court, held that respondent was entitled forallotment of 20.61 acres of land – On appeal, held: Allotment ofland was subject to statutory Rules – When policy decision wastaken to dispose of surplus land (44.61 acres) and when 24 acresof land was allotted Land Disposal Rules, 1955 were applicable –Thereafter Land Disposal Rules, 1983 came into force and r. 5(2)thereof became applicable for disposal of land – Earlier resolutionno longer could have been availed, after enforcement of 1983 Rules– Respondent’s claim for allotment of 20.61 acres was not coveredby r.5(2) of 1983 Act – Hence no decree could have been passedcontrary to statutory Rules – Nagpur Improvement Trust LandDisposal Rules, 1955. Limitation Act, 1963:s.3(1) – Consideration of issue of limitation by appellatecourt – When such issue was not before trial court – Propriety of –Held: In view of s.3(1)entering into issue of limitation (when thesame was not before trial court) was permissible.
Judge	Hon'ble Mr. Justice Ashok Bhushan
Neutral Citation	2018 INSC 1028
Petitioner	Nagpur Improvement Trust
Respondent	Sheela Ramchandra Tikhe
SCR	[2018] 10 S.C.R. 1074
Judgement Date	2018-10-31
Case Number	10853

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