VidhiSangh

Supreme Court of India · 12/03/2018

SIVAKAMI & ORS. versus STATE OF TAMIL NADU & ORS.

[2018] 3 S.C.R. 633 · 2018 INSC 226

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Summary

The Supreme Court remanded a decades-old land-acquisition writ petition for a reasoned decision by the High Court Division Bench. The Single Judge had quashed the acquisition without examining the grounds, and the Division Bench reversed without supplying the required merits reasoning. A later review order could not substitute for the missing appellate determination. All acquisition merits remained open, and the Division Bench was requested to decide preferably within six months.

Issues

  1. Whether the unreasoned appellate disposal could sustain dismissal of the acquisition challenge.
  2. Whether review proceedings could supply the merits adjudication omitted in appeal.

Held

Result

Appeals allowed; impugned orders set aside and writ petition remanded to the High Court Division Bench for fresh merits decision, preferably within six months.

Judgment PDF: Supreme Court of India, [2018] 3 S.C.R. 633.