Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Land Acquistion Act 1894 High Powered Committee |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Land Acquisition Act, 1894 (1 of 1894) |
Case(s) Referred | Referred Case 0 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Land Acquistion Act, 1894 — 5.48 — Release under — Of acquired land — Sought by land owner — On the ground that the land was coming under Lal Dora — Request for release turned down by High Powered Committee on the ground that possession of the land had already been taken and handed over to the beneficiary of the acquisition ~ The order was confirmed by High Court ~ On appeal, held: There is nothing on record to show that physical possession of the land had already been taken and handed over to the beneficiary — If the land falls in Lal Dora, its release cannot be denied — Matter remitted to High Powered Committee to ascertain whether the land falls in Lal Dora.Allowing the appeals, the CourtHELD: 1. There being no Rojnama to show that the physical possession had already been taken, nor any pleadings in that regard, it cannot be said that the possession had already been taken and handed over to HUDA. Unless the property is taken possession of, in accordance with law, there arises no question of handing over the property to HUDA. Symbolic possession will not serve the purpose. [Para 13] [411-A-B] Raghbir Singh Sehrawat vs. State of Haryana and others 2011 (14) SCR 1113 : (2012) 1 SCC 792 — relied on. |
Judge | Hon'ble Mr. Justice Kurian Joseph |
Neutral Citation | 2016 INSC 251 |
Petitioner | Shakuntala Yadav And Others |
Respondent | State Of Haryana And Others |
SCR | [2016] 2 S.C.R. 406 |
Judgement Date | 2016-03-09 |
Case Number | 2174-2175 |
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