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Roshan Lal v. State of Punjab & Ors.

Civil Appeal · Neutral citation not assigned (Civil Appeal Nos. 8434-8435 of 2011)Decided 17 Feb 2016
Civil Appeal Nos. 8434-8435 of 2011
Justice Kurian Joseph · Justice Rohinton Fali Nariman

Background

This order sends the case back; it does not decide the dispute. The appellant challenged the acquisition of his land for a residential colony scheme, saying alternate government-owned land belonging to the Horticulture Department and PUDA was available. The High Court dismissed his writ petition and then dismissed his review petition on this point in a bare two-line order.

Decision Breakdown

This is not a final decision on the dispute. The Court held that the High Court should have addressed the submissions made in the review petition. It set aside the High Court's order in the review petition and asked the High Court to address the alternate-land issue and pass a speaking order within six months. The Court did not itself decide whether alternate land was available or whether the acquisition should be set aside.

Lesson Learnt

There is no final ruling yet on whether the acquisition should be reconsidered because alternate land was available. A court must deal with the submissions made in a review petition and give reasons.

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

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