VidhiSangh

Supreme Court of India · 01/12/2017

MANSUKHBHAI DHAMJIBHAI PATEL & ANR. versus STATE OF GUJARAT & ORS.

[2017] 12 S.C.R. 115 · 2017 INSC 1299

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Summary

Former owners sought regrant of land acquired for a dam under a State policy. The Court upheld refusal and held the regrant policy incompatible with Article14 and public-trust principles. It distinguished a lawful rehabilitation policy for persons rendered landless and permitted the State to frame one.

Issues

  1. Whether acquired land no longer required for its original purpose could be regranted under the challenged policy.
  2. What constitutional constraints governed disposal and possible rehabilitation policy.

Held

Result

Appeals disposed of without granting regrant. State directed not to give effect to the challenged policy in future, with liberty to frame a lawful rehabilitation policy for displaced landless persons within three months.

Judgment PDF: Supreme Court of India, [2017] 12 S.C.R. 115.