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SALIL KUMAR RAI, ARUN KUMAR SINGH DESHWAL
Vijay Pal Singh – Appellant
Versus
State Of U. P. Thru Principal Secry. Indus. Devlp. – Respondent
JUDGMENT :
(Arun Kumar Singh Deshwal, J.)
1. Heard Sri Akhilesh Tripathi, learned counsel and Sri Shivam Yadav, learned counsel for the petitioner, learned Standing Counsel representing the State- respondent, Sri H.N. Singh, learned Senior Advocate assisted by Sri Anuj Srivastava, learned counsel representing the Uttar Pradesh State Industrial Development Corporation Ltd. (hereinafter referred to as the U.P.S.I.D.C.) and Sri Amit Saxena, learned Senior Counsel assisted by Sri Varad Nath, learned counsel for the respondent no.4.
2. Present writ petition has been filed by the petitioner basically for the prayer to de-notify the notification of the acquisition dated 16.06.1976 in respect of plot No.199M, total area 1.20 acres situated at Mauja Bhanpur Khalsa, Pargana Hasanpur, District Moradabad on the ground that the petitioner is still in possession of the part of the land of Plot No.199M though the same was acquired by notification dated 16.06.1976 and his hotel is running over it since 1984.
The factual matrix of the case is as follows:-
3(a). The petitioner was the tenure holder of Plot No.199M of area 1.91 acre situated in Mauja Bhanpur Khalsa, Pargana Hasanpur, District Moradabad
The court established that failure to notify landowners and to take possession in accordance with the law invalidates the land acquisition process.
Once land is vested in the government after acquisition, it cannot be returned to the original owners, even if not utilized for the intended purpose.
Section 48(1) of the Act and in view of the well settled legal position emerging from interpretation of Section 48(1) of the Act by the Supreme Court, it is clear as noon day, that since possession o....
Sale deeds executed after the acquisition notification under the Land Acquisition Act, 1894 are void, and subsequent purchasers cannot claim title or challenge the acquisition.
The failure to serve notice under Section 9 of the Land Acquisition Act, 1894 was fatal to the acquisition proceedings. Actual possession and tendering of compensation are essential to prevent lapse ....
Possession must remain with the landowner for an application under Section 48(1) of the Land Acquisition Act to be maintainable; erroneous inclusion of mortgaged land invalidates acquisition.
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