Supreme Court of India · 2001-01-30
RAMESH KUMAR SATISH KUMARR & SONS vs GURU SINGH SABHA (REGD.)
- Citation / case number
- SC 1992/79863
- Court
- Supreme Court of India
- Petitioner
- RAMESH KUMAR SATISH KUMARR & SONS
- Respondent
- GURU SINGH SABHA (REGD.)
- Author
- S. N. VARIAVA
- Bench
- V.N.KHARE, S.N.VARIAVA
Judgment text excerpt
The Supreme Court held that under the Haryana Government's Circular dated 28th February 1984, the allotment of land must be made to the actual occupant rather than the de jure occupant. The Court found that the Appellants, being tenants, did not qualify as actual occupants, and thus the allotment should be made to the 1st Respondent, who was deemed to be in de jure occupation of the land. The Court upheld the High Court's decision, affirming the principle that actual occupancy is the determining factor for land allotment under the relevant government policy.