JAIPUR DEVELOPMENT AUTHORITY versus SITA RAM AND ORS.

JAIPUR DEVELOPMENT AUTHORITY versus SITA RAM AND ORS.

The Supreme Court held that the view of the High Court—that framing of a scheme is a pre-condition for acquisition of land—is not a correct proposition of law, and an acquisition notification cannot be quashed on that ground.

Parties
Appellant: Jaipur Development Authority; Respondents: Sita Ram and Others
Jurisdiction
India
Judgment Date
03 February 1997
Procedural Posture
Civil Appeal / Supreme Court Judgment on Appeal From High Court Order
Outcome
Appeals allowed; High Court judgment set aside.
Legal Topics
Requirement of Framing Scheme for Land Acquisition, Effect of Repealed Statutes on Land Acquisition Proceedings
Land Acquisition Urban Development Law Requirement of Framing Scheme for Land Acquisition Effect of Repealed Statutes on Land Acquisition Proceedings

Case Brief

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Parties

Jaipur Development Authority

Appellant

Sita Ram and Others

Respondents

Procedural Posture

Civil Appeal / Supreme Court Judgment on Appeal From High Court Order

Legal Issues

  1. 1 Whether framing of a scheme is a pre-condition for land acquisition under the Rajasthan Urban Improvement Act, 1959 after its repeal and continuation of proceedings under the Jaipur Development Authority Act

Ratio Decidendi

The Supreme Court held that the view of the High Court—that framing of a scheme is a pre-condition for acquisition of land—is not a correct proposition of law, and an acquisition notification cannot be quashed on that ground.

Court Disposition

Appeals allowed; High Court judgment set aside.

Orders

  • Writ petitions before High Court dismissed.
  • No costs.