VidhiSangh

Supreme Court of India · 16/12/2021

U.P. AVAS EVAM VIKAS PARISHAD THROUGH HOUSING COMMISSIONER & ANR. versus NOOR MOHAMMAD & ORS.

[2021] 9 S.C.R. 1060 · 2021 INSC 901

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Summary

The Court upheld cancellation of a notification releasing acquired land after finding that the landowners had obtained release through fraud and misrepresentation. Withdrawal from acquisition under Section 48(1) was administrative, and Section 21 of the General Clauses Act supplied power to rescind the notification. A fraudulently obtained release created no vested right protected against cancellation. The release also appeared to have been issued without hearing the beneficiary housing authority. Both appeals were allowed, the landowners’ writ petitions dismissed, and the authority permitted to implement the acquisition’s public purpose.

Issues

  1. Whether a notification withdrawing land from acquisition could be rescinded under Section 21 of the General Clauses Act.
  2. Whether the landowners could rely on vested property rights or a hearing objection where release had been secured by fraud.

Provisions considered

Held

Result

Both appeals allowed without costs; High Court orders set aside and writ petitions dismissed; housing authority permitted to implement the acquisition’s public purpose.

Judgment PDF: Supreme Court of India, [2021] 9 S.C.R. 1060.