CITY AND INDUSTRIAL DEVELOPMENT CORPORATION Vs. DOSU AARDESHIR BHIWANDIWALA
LAWS(SC)-2008-11-195
SUPREME COURT OF INDIA (FROM: BOMBAY)
Decided on November 14,2008

CITY AND INDUSTRIAL DEVELOPMENT CORPORATION Appellant
VERSUS
DOSU AARDESHIR BHIWANDIWALA Respondents

JUDGEMENT

B. Sudershan Reddy, J. - (1.) Delay condoned in SLP(C) No. 27475 of 2008 (CC No. 2044/08).
(2.) Leave granted.
(3.) On 20.04.2005 the first respondent herein filed a writ petition claiming the following reliefs : "A) The impugned action of using the land without acquisition is unconstitutional and contrary to the provisions of Article 300-A of the Constitution of India. No State or any Authority of the State is entitled to deprive any citizen of India his property without following due process of law and without acquiring such property in accordance with law. Since the land in question is being used for CIDCO without payment of any compensation or without acquiring the same, the entire action is illegal. B) The respondent No. 1 is being a corporation owned by the respondent No. 2 is not expected to usurp and illegally take over private land owned by the said Trust of which the petitioner is a Trustee. For such unauthorized user, the respondent No. 1 is liable to pay compensation to the Trust. C). In the alternative, if the respondent No. 1 is not in a position to return the land, it is liable to allot alternate land to the Trust on freehold tenure.";


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