RAJAN ROY, MANISH KUMAR
City Montessori School – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
Heard Mr. Sudeep Seth, learned Senior Advocate alongwith Mr. Manish Vaish and Mr. Avinash Chandra, learned Advocates on behalf of the petitioner, Mr. Ratnesh Chandra, learned counsel on behalf of the Lucknow Development Authority and Mr. Nishant Shukla, learned counsel on behalf of the State Authorities.
2. This petition has been filed seeking following reliefs:
Possession without legal title does not confer rights against government ownership, and construction permits do not legalize encroachments.
The court affirmed that eviction orders must comply with natural justice principles, ruling the eviction notice invalid as it lacked fair prior notice and disregarded existing proposals for land alie....
The court reiterated that admissions in a written statement regarding property transactions create binding effects on claims of ownership, thereby restricting contesting rights based on previously es....
The court emphasized the necessity for factual determination before issuing a writ of mandamus for demarcation or measurement, and declined to interfere in the absence of such determination.
Revenue authorities lack jurisdiction to determine land title disputes, which must be settled in civil courts, rendering related appeals maintainable under proper legal challenges.
Administrative orders affecting civil rights must comply with principles of natural justice, including the right to be heard.
Revenue Authorities cannot adjudicate land title disputes; such matters must be resolved by Civil Courts under the Assam Land Revenue Regulation, 1886.
Resolution by the Land Management Committee for land allotment without approval from the S.D.M. lacks legal validity, leading to unlawful possession claims.
The judgment establishes the importance of proving actual land allotment and possession in cases of rehabilitation schemes and the validity of administrative orders changing land use.
Judicial proceedings must adhere to due process, including the right to be heard and the requirement for evidence to be properly substantiated.
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