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january 2008

Supreme Court of India · 2008-01-25

ASHOK vs M/S. ALBUQUERQUE HOTELS (P) LTD. .

Citation / case number
SC 2005/10149
Court
Supreme Court of India
Petitioner
ASHOK
Respondent
M/S. ALBUQUERQUE HOTELS (P) LTD. .
Bench
P.P. NAOLEKAR & LOKESHWAR SINGH PANTA

Judgment text excerpt

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

ASHOK vs M/S. ALBUQUERQUE HOTELS (P) LTD. . · Niyam