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july 2011

Supreme Court of India · 2011-07-04

Binabai Bhate vs State Of M.P.& Ors

Citation / case number
AIR 2011 SC (CIVIL) 1868
Court
Supreme Court of India
Petitioner
Binabai Bhate
Respondent
State Of M.P.& Ors
Author
Mukundakam Sharma
Bench
Mukundakam Sharma, Anil R. Dave

Judgment text excerpt

The Supreme Court held that the State Government's action to include the appellant's ancestral land in the modified development plan under the Madhya Pradesh Nagar Tatha Gram Nivesh Adhiniyam, 1973, violated principles of natural justice as the government failed to provide an opportunity for a hearing after a committee had already resolved that the land was not required. The Court emphasized that the resolution of the committee should have been binding on the government, and the acquisition process was deemed a colorable exercise of power lacking public purpose. The appeal was allowed, overturning the High Court's dismissal of the writ appeal.

Binabai Bhate vs State Of M.P.& Ors · Niyam