AIR 2022 SUPREME COURT 5542 ::AIROnline 2022 SC 800 ::2022 (16) Scale 64

Supreme Court Of India

Hon'ble Judge(s): M. R. Shah, M. M. Sundresh , JJ

(A) Land Acquisition Act (1 of 1894) , S.23— Acquisition proceedings - Allotment of land to project affected persons - Under rehabilitation scheme same land was allotted to two individuals - Number of submissions made respective parties on merits in support of their respective claims for allotment of land in question - However, as High Court has not at all decided claims of respective parties on merits, matter remanded to High Court. (Para 4) (B) Land Acquisition Act (1 of 1894) , S.23— Acquisition proceedings - Allotment of land to project affected persons - Under rehabilitation scheme same land was allotted to two individuals - Deputy Collector by order cancelled earlier allotment and passed fresh order of allotment in favour of subsequent allottee - Collector was directed to take fresh decision, attained finality - High Court setting aside Deputy Collector's orders on grounds that they were without jurisdiction and coram non judice, erroneous - Matter remanded to High Court to consider legality and validity of orders in accordance with law. (Para 4 6) .....