SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2008 Supreme(SC) 1685

S.H.KAPADIA, B.SUDERSHAN REDDY
City and Industrial Development Corporation – Appellant
Versus
Dosu Aardeshir Bhiwandiwala – Respondent


Advocates appeared:
For the Appellant :Ranjit Kumar and Shekhar Naphade, Sr. Advs.m, Brajesh Pandey and A.S. Bhasme, Advocates.
For the Respondents:R.F. Nariman, Sr. Adv., Kavin Gulati, Pravin Satale, Saurab Mitra, Rajiv Shankar Dwivedi and Ravindra Keshavrao Adsure, Advocates.

JUDGMENT

B. Sudershan Reddy, J. —

1. Delay condoned in SLP(c) No. 27475 of 2008 (CC No. 2044/08).

2. Leave granted.

3. On 20.04.2005 the first respondent herein filed a writ petition claiming the following reliefs:

“A) The impugned action of using the land without acquisition is unconstitutional and contrary to the provisions of Article 300-A of the Constitution of India. No state of any Authority of the State is entitled to deprive any citizen of India is property without following due process of law and without acquiring such property in accordance with law. Since the land in question is being used for CIDCO without payment of any compensation or without acquiring the same, the entire action is illegal.

B) The respondent no. 1 is being a corporation owned by the respondent no. 2 is not expected to usurp and illegally take over private land owned by the said Trust of which the petitioner is a Trustee. For such unauthorized user, the respondent no. 1 is liable to pay compensation to the Trust.

C) In the alternative, if the respondent no. 1 is not in a position to return the land, it is liable to allot alternate land to the Trust on freehold tenure.”

4. The appellant herein and as well as t


































Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top