Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Constitution of India 1982 1950-Writ petition-Jurisdiction of High Court to interfere with findings of fact arrived at by Special Court under A.P. Land Grabbing (Prohibition) Act |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Constitution of India, 1950:Article 226 - Writ petition - Jurisdiction of High Court to interfere with findings of fact arrived at by Special Court under A.P. Land Grabbing (Prohibition) Act, 1982 - HELD: High Court, in its writ jurisdiction under Article 226 may interfere with findings of fact arrived at by Special Court only if findings are based on no evidence or based on conjectures or surmises and if no reasonable man would, on given facts and circumstances, come to the conclusion reached by the Special Court - On facts, findings arrived at by Special Court cannot, by any stretch of imagination, be said to be based on no evidence or beset with surmises or conjectures and that finding of Special Court on the question of title of respondents by way of adverse possession was based on consideration of relevant evidence-both oral or documentary - That apart, neither any relevant material was excluded from consideration by it nor was any irrelevant material relied upon in recording its findings - Besides, since it has been found on facts that respondents could neither prove that they acquired title by way of adverse possession in respect of Schedule Land nor could it be proved that Schedule Land belonged to Gandhi Hill Society, it cannot be ruled out that land would only belong to State which was grabbed by respondents-It may also be placed on record that High Court, while reversing the findings of Special Court could also not come to a conclusion of fact that respondents perfected their title in respect of Schedule Land by adverse possession or that Schedule Land belonged to Gandhi Hill Society - It was not open to High Court, in exercise of its writ jurisdiction, to set aside findings of fact arrived at by Special Court which were based on sound consideration of materials on record - Order of High Court is set aside - However, since respondents have raised construction on Schedule Land and Special Court has directed payment of compensation so that title of respondents in respect of Schedule Land is perfected, respondents would pay the amount as directed by Special Court and in the event, respondents/ailed to deposit the said amount, application filed by appellant before Special Court shall stand allowed and it would be open to appellant to recover Schedule Land in accordance with law. |
Judge | N/A |
Neutral Citation | 2007 INSC 1206 |
Petitioner | State Of Andhra Pradesh |
Respondent | Abdul Khuddus (dead) By Lrs. & Ors. |
SCR | [2007] 12 S.C.R. 709 |
Judgement Date | 2007-11-29 |
Case Number | 7360 |
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