VidhiSangh

Supreme Court of India · 20/04/2022

U.P. AWAS EVAM VIKAS PARISHAD THROUGH HOUSING COMMISSIONER versus RAM SINGH (D) TH. LRS. & ORS.

[2022] 19 S.C.R. 853 · 2022 INSC 448

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

Summary

The housing authority challenged restoration of a notification withdrawing land from acquisition. The State had cancelled that notification by relying on a later government order reallocating withdrawal decisions to administrative departments. The Court held that the later order operated prospectively and did not justify undoing the earlier withdrawal. The beneficiary had been afforded an opportunity to respond, and its arguments did not establish grounds for interference. The appeals were dismissed, preserving lawful fresh acquisition.

Issues

  1. Whether the later allocation of departmental powers justified cancelling the earlier withdrawal notification.
  2. Whether the beneficiary established a procedural or factual basis to overturn the withdrawal on these facts.

Provisions considered

Held

Result

Appeals dismissed. The High Court orders were left undisturbed. The result did not prevent the housing authority from acquiring the lands in accordance with law. Parties to bear their respective costs.

Judgment PDF: Supreme Court of India, [2022] 19 S.C.R. 853.