Property Lawyer: In absence of policy, the person cannot seek allotment of alternative plot, if land has been acquired by the government; SC.

Supreme Court of India

State of Tamil Nadu versus Dr Vasanthi Veerasekaran

Justice A M Khanwilkar and Justice Ajay Rastogi

01/07/2019

The state government was in appeal, before the Supreme Court in the said case, as the High Court had directed the appellant state for allotment of housing site, by way of rehabilitation as a special category of displaced persons to those persons whom land had been acquired.

The Supreme Court while setting aside the judgement of the High Court, held that the principal for allotment of alternate site to the person whose land has been acquired, cannot be extended in all cases of acquisition of the land, to the effect, that the owner must be given an alternate site or flat. It was held in absence of any policy for allotment of alternate site, the respondent are not entitled for allotment as directed by the High Court.  It was held that the policy regarding grant of alternative housing site is a matter of discretion of the state government. It cannot be claimed as a matter of right. Accordingly, the Appeal was allowed.