VidhiSangh

Supreme Court of India · 16/02/2018

MAHANT LALITA SHARANJI versus DEOKI DEVI & ANR.

[2018] 1 S.C.R. 468 · 2018 INSC 155

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The Supreme Court held that acceptance of an original consolidation allotment did not bar challenge to a later order that substantially changed the scheme and adversely affected the appellant’s road access. That later order created a fresh cause of action, even though the appellant had not been a party to the appeal in which it was made. The Deputy Director’s re-allotment order was restored, with directions to remove construction and deliver possession.

Issues

  1. Whether failure to challenge the original consolidation scheme barred objection to a later materially adverse re-allotment.
  2. Whether the appellant could challenge an order made in proceedings to which he was not a party.
  3. What possession directions should follow restoration of the revisional order.

Held

Result

Appeal allowed. High Court order set aside and Deputy Director’s order restored; Deoki Devi directed to remove construction and deliver possession within thirty days, with the stated consequences on default.

Judgment PDF: Supreme Court of India, [2018] 1 S.C.R. 468.