VidhiSangh

Supreme Court of India · 31/10/2018

NAGPUR IMPROVEMENT TRUST versus SHEELA RAMCHANDRA TIKHE

[2018] 10 S.C.R. 1074 · 2018 INSC 1028

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Summary

The Supreme Court dismissed the former landowner’s claim for reallotment of an additional 20.61 acres. The earlier conditional proposal for 44.61 acres had not matured into a vested allotment; only 24 acres were accepted and allotted. Any remaining request was governed by the 1983 disposal rules and could not be decreed contrary to them. The appellate court could consider limitation even without a framed issue, but the Supreme Court left the actual limitation question undecided.

Issues

  1. Whether the conditional 1975 proposal conferred an enforceable right to the entire land.
  2. Whether the remaining request was governed by the 1983 statutory disposal rules.
  3. Whether limitation could be examined despite absence of a trial issue.

Provisions considered

Held

Result

Appeal allowed. High Court judgment set aside; plaintiff’s suit for the additional allotment dismissed. Actual limitation question left undecided.

Judgment PDF: Supreme Court of India, [2018] 10 S.C.R. 1074.