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january 2008

Supreme Court of India · 2008-01-25

Ashok & Anr vs Albuquerque Hotels (P) Ltd. & Ors

Court
Supreme Court of India
Petitioner
Ashok & Anr
Respondent
Albuquerque Hotels (P) Ltd. & Ors
Bench
P.P. Naolekar, Lokeshwar Singh Panta

Judgment text excerpt

The Supreme Court upheld the decision of the Karnataka High Court, confirming that the Land Tribunal acted beyond its jurisdiction by granting occupancy rights for Survey No.139/6D when the application was originally made for Survey No.147/1A under Section 48A of the Karnataka Land Reforms Act, 1961. The Court emphasized that without an amendment to the original application, the Tribunal could not confer rights over a different land parcel, thereby denying the rightful owner the opportunity to contest the claim. Consequently, the appeal was dismissed, affirming the High Court's ruling.

Ashok & Anr vs Albuquerque Hotels (P) Ltd. & Ors · Niyam