Supreme Court of India

Babulal Badriprasad Varma v. Surat Municipal Corporation & Ors.

Neutral citation

Reported as [2008] 7 S.C.R. 564

Bench S.B. Sinha J.

Decided 2 May 2008

Status Distinguished

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

2 Supreme Court benches have cited this judgment.

What the Court ordered

In view of the above, the issue is whether it was open to him to assert his purported right to special notice in respect • of the final allotment in the instant case given the fact F that he did not pursue his objections to the draft t scheme and subsequently did not object/participate during the proceedings for re-allotment.

Judgment, page 20

From the headnote

Town Planning : Gujarat Town Planning and Urban Development Rules, c 1979: r. 26 - Land acquired for a road widening project - Rea/location of plots as per Scheme - Two plots of landlord acquired one being under tenancy - Notice given to landlord as also to tenant - Tenant not pursuing the matter - After final allotment of plots tenant claiming that he was not served with notice of final allotments of plots - Held : Rule 26 does not I contemplate individual notice - Tenant did not oppose the ~ draft Scheme - Even if the tenant had a claim, he would be deemed to have waived the same - He has

Authorities it was built on

1997 West Bengal Housing Board and Ors. v. Brijendra Prasad Gupta and Ors. cited by 8
2007 Jaswantsingh Pratapsingh Jadeja v. Rajkot Municipal Corporation and Anr. cited by 7
1967 Maneklal Chhotalal & Ors. v. M. G. Makwana & Ors. cited by 3

Where later benches applied it

2023 Association of Vasanth Apartments’ Owners v. V. Gopinath & Ors referred to
2018 Maharashtra State Electricity Distribution Company Ltd. v. M/s. Datar Switchgear Limited & Ors. not applicable

Of those, 1 referred to · 1 not applicable

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