Supreme Court of India · 2010-07-07
Mahesh Chandra Banerji vs U.P.Avas Evam Vikas Parishad & Ors
- Citation / case number
- AIRONLINE 2010 SC 183
- Court
- Supreme Court of India
- Petitioner
- Mahesh Chandra Banerji
- Respondent
- U.P.Avas Evam Vikas Parishad & Ors
- Author
- Altamas Kabir
- Bench
- Cyriac Joseph, Altamas Kabir
Judgment text excerpt
The Supreme Court addressed the issue of land acquisition under the U.P. Avas Vikas Parishad Adhiniyam, 1968, specifically referencing Section 28 and Section 32(i). The Court held that the appellants, descendants of Dr. Suresh Chandra Banerji, were entitled to protection from acquisition as their residential property was excluded from the scheme. The Court affirmed the lower court's decision to grant a permanent prohibitory injunction against the interference by the Parishad, thereby upholding the appellants' claim to the property in question.