Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Sikkim Land (Requisition and Acquisition) Act 1977 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Constitution of India Sikkim Land (requisition and Acquisition) Act, 1977 (1 of 1978) |
Case(s) Referred | Referred Case 0 Referred Case 1 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Sikkim Land (Requisition and Acquisition) Act, 1977 – The Respondent no.2- State sought to acquire land in the year 1980 – The appellant pleaded that the said land was not acquired in accordance with law – Respondent no. 2 raised a defence that the Agriculture Department had followed due process while acquiring the land and had paid compensation of Rs.62,645/- to the father of the original appellant – The Trial Court dismissed the suit – The appeal filed before the High Court was also dismissed – On appeal, held: The respondent-State has not produced any notification of the intent to acquire land u/s. 4, or any other declaration – There are no records available in respect of the acquisition process – The respondent-State has only relied on a consent having been obtained from the father of original appellant for acquisition and the compensation having paid – On the aspect of the compensation, only a covering letter is available and not the actual receipt – Also, there is no proof of the amount withdrawn from the account to pay the compensation and the payment of compensation – There cannot be a presumption of acquisition without following the due process as envisages u/ss. 3(1), 4(2), 5(1) and 7(2) of the said Act – The burden was on the State to prove that the process as envisaged under the said Act was followed and the compensation was paid – There is an absence of both primary and secondary evidence – The respondents have failed to establish that they had acquired the land in accordance with law and paid compensation – The appellant would, thus, be entitled to the possession of the land as also damages for illegal use and occupation of the same by the respondents, at least, for a period of three years prior to the notice having been served upon them – However, the respondent State was granted some time (three months) to analyse the consequence of this judgment and, in case they so desire, to acquire the land through a proper notification under the said Act and to take proper recourse in law so as to enable them to keep the land – Constitution of India – Art.300-A. |
Judge | Hon'ble Mr. Justice Sanjay Kishan Kaul |
Neutral Citation | 2020 INSC 239 |
Petitioner | D.b. Basnett (d) Thr. Lrs. |
Respondent | The Collector & Anr. East District, Gangtok, Sikkim & Anr. |
SCR | [2020] 4 S.C.R. 513 |
Judgement Date | 2020-03-02 |
Case Number | 196 |
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