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Mahadeo & Ors. vs Smt. Sovan Devi & Ors.

Civil Appeal · 2022 INSC 888Decided 30 Aug 2022
Civil Appeal No. 5876 of 2022
Hemant Gupta · Vikram Nath

Background

Shri Bheru Lal, a soldier disabled in the 1965 Indo-Pak war, was in theory entitled to an allotment of 25 Bighas of land under a Rajasthan scheme for disabled ex-servicemen. An inter-departmental letter in 1971 referred to such an allotment, but no formal allotment order or possession was ever given to him or, after his death in 1998, to his widow Sovan Devi. Decades later, Sovan Devi filed a writ petition, and the Rajasthan High Court directed the State to hand over possession of the land, by then valuable due to its location near a National Highway, even though the land had meanwhile been allotted to and cultivated by other persons (the appellants) for over 60 years.

Decision Breakdown

The Supreme Court held that the 1971 letter was merely an inter-departmental communication, not a formal, communicated order of allotment, and could not be enforced as a legal right, citing settled precedent that file notings and internal communications do not bind the government until formally issued and communicated. It also noted that even if treated as an allotment, the applicable Rules deemed an allotment cancelled if possession was not taken within six months, and no action was taken for about 27 years. The Court criticised the High Court for going out of its way, on flimsy material, to direct dispossession of the long-settled allottees. The appeal was allowed and the High Court's order was set aside.

Lesson Learnt

A government file noting or internal inter-departmental letter is not the same as a binding order: a citizen cannot claim an enforceable right to land or benefits based on internal correspondence alone; a formal, communicated order is required.

Official source (sci.gov.in)View Judgment (PDF)

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