VidhiSangh

Supreme Court of India · 13/12/2024

URBAN IMPROVEMENT TRUST versus SMT. VIDHYA DEVI AND ORS.

[2024] 12 S.C.R. 993

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Summary

The Supreme Court upheld the quashing of acquisitions of two parcels in Alwar under Section 52 of the Rajasthan Urban Improvement Act, 1959, condoning the landowners' long delay because the process was patently illegal. For the Moongaska land, the defective Section 52(2) notice denied two co-owners any hearing. For the Nangli Kota lands, where the owners took part in the proceedings, the defective notice was cured, but possession was handed to the Trust before compensation was paid and compensation was not paid within six months as Section 60A(4) required.

Issues

  1. Whether the landowners' writ petitions, filed some two decades after acquisition began, should have been dismissed for delay and laches.
  2. Whether failure to serve individual notices and to paste the notice in the locality under Section 52(2) invalidated the notification under Section 52(1), for each parcel.
  3. Whether compensation of Rs. 90,000 for the Nangli Kota lands was lawfully determined.
  4. Whether failure to tender and pay compensation within six months from 01.08.1987 under Section 60A(4), introduced by the Amending Act of 1987, rendered the acquisition invalid.

Provisions considered

Held

Result

Appeals dismissed; the High Court's quashing of the acquisition proceedings for both parcels upheld; parties to bear their own costs.

Judgment PDF: Supreme Court of India, [2024] 12 S.C.R. 993.