Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Land laws society Resumption of allotted land |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Land laws:Resumption of allotted land – Respondent-State allotted a land to appellant-Society on certain terms and conditions – After few years, Respondent-State resumed the land in terms of clause 4 of allotment order for public purpose – Writ petitions by appellant-Society on the ground of mala fides – According to the appellants,since they were the members of the opposition party, the party in power at that time due to political rivalry issued the impugned resumption order – Single Judge of High Court quashed the resumption order – However, Division Bench of High Court allowed appeals and restored resumption order – On appeal, held: A plea of mala fides was only based on the averment that since the appellant was a member of the opposition party, the party in power at that time took the impugned action to resume the land against them –Such averment by itself would not constitute a plea of mala fides without there being any substantial material in its support – The Division Bench of High Court was right in upholding the resumption order as being legal and in conformity with clause 4 of the allotment order – No interference with the view of the Division Bench of High Court called for. |
Judge | Hon'ble Mr. Justice Abhay Manohar Sapre |
Neutral Citation | 2019 INSC 398 |
Petitioner | V. Krishnamurthy & Anr. |
Respondent | State Of Tamil Nadu & Ors. |
SCR | [2019] 2 S.C.R. 1042 |
Judgement Date | 2019-03-26 |
Case Number | 7703 |
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