"Supreme Court Upholds High Court's Ruling: Unconstitutional Land Dispossession and Resumption Proceedings Deemed Illegal"

In a recent landmark decision, the Supreme Court of India has upheld the ruling of the High Court of Orissa, underscoring the significance of lawful land allocation processes and constitutional adherence. The case, originating from a writ petition filed by Surgeon Vice Admiral GP Panda, revolved around the allocation of land to armed personnel and subsequent attempts to dispossess them through resumption proceedings.

The bench consisting of Hon'ble Mr. Justice J.B. Pardiwala and Hon'ble Mr. Justice S.V.N. Bhatti emphasized the importance of a proper legal process in land allocation and re-entry. The Supreme Court observed, "The State's attempt to dispossess or allocate land without due process is unconstitutional and illegal."

The dispute arose from the allocation of land measuring acres 4.800 decimals to Surgeon Vice Admiral GP Panda, a participant in the Indo-China war. Despite the initiation of resumption proceedings by the State, the High Court found that the actions contradicted the State's own claims and were arbitrary. The High Court's decision was based on a thorough examination of documents and records, without exceeding the scope of its jurisdiction under Article 226 of the Constitution of India.

"The High Court's findings were derived from existing records, not deciding disputed questions of fact," the Supreme Court noted, affirming the appropriateness of the High Court's approach.

This ruling highlights the significance of ensuring proper legal procedures in matters of land allocation and re-entry, safeguarding individuals' rights and preventing arbitrary dispossession. The Supreme Court dismissed the appeals filed by the State and the Industrial Infrastructure Development Corporation of Orissa (IDCO), reinforcing the validity of the High Court's decision.

The case underscores the principle that adherence to the law is imperative even in matters involving government allocations, as the Supreme Court continues to play a pivotal role in upholding justice and safeguarding constitutional rights.

Date of Decision: August 22, 2023

Chairman-cum-managing director Vs Late surgeon vice admiral gp panda