Supreme Court Decision on Belting System - The Supreme Court in Besco Limited v. State of Haryana 2023 SCC OnLine SC 1071 held that the adoption of a belting system is impermissible, especially considering the land's potentiality and relevant precedents. Paragraph 24 emphasizes that in cases like Asraf Ali v. State of Haryana (2013) 5 SCC 527, the Court ruled against applying the belting system due to the land's potentiality. Similarly, in Mohan Reddy (2010) 15 SCC 442, the Court reiterated the inappropriateness of the belting system in certain contexts. vs - Kerala
Legal Precedents and Judicial Viewpoints - The judgment highlights the importance of land potentiality and equitable considerations in land acquisition, discouraging the use of belting systems that may distort or unjustly allocate land. The decision aligns with previous rulings emphasizing fair and just land acquisition processes. JOSEPH C.PAUL vs P.I.JOY - Kerala, BIJI P.M vs STATE OF KERALA - Kerala, T.M.UMMER vs THE STATE OF KERALA - Kerala, ABDUL SALAM vs STATE OF KERALA - Kerala, SREEDHARAN PILLAI Versus THE ASSISTANT ENVIRONMENTAL ENGINEER - Kerala, ING VYSYA BANK LTD vs M/S.KOLUTHARA EXPORTS LTD - Kerala, SASI Vs STATE OF KERALA - Kerala, K.S.R.T.C. vs P.R.RAMADASAN - Kerala, PRASOON KUMAR.N vs UNION OF INDIA - Kerala
Analysis and Conclusion - The Supreme Court's stance clearly discourages the use of belting systems in land acquisition, prioritizing land potentiality and fairness. The decision underscores the importance of adhering to judicial directives to ensure just land distribution and acquisition practices. This ruling is significant for legal and administrative practices related to land management and acquisition.
We find that adoption of belting system is impermissible in view of the decision of the Supreme Court in Besco Limited v. State of Haryana [2023 SCC OnLine SC 1071]. Paragraph No.24 of the said judgment is extracted hereunder: “24. ... In Asraf Ali Vs State of Haryana and ors [(2013)5 SCC 527], the Supreme Court held that considering the potentiality of the land sought to be acquired, it would not be appropriate to apply belting system. 16. ... Mohan Reddy [(2010) 15 SCC 442], the Supreme Court held that belting system i....
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