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G. S. AHLUWALIA
Kishan Lal – Appellant
Versus
Municipal Corporation, Bhopal – Respondent
JUDGMENT :
1. This First Appeal under section 96 of Civil Procedure Code has been filed against the Judgment and Decree dated 25-10-1996 passed by 1st Additional Judge to the Court of Distt. Judge, Bhopal in C.S.No. 4-A/1980 by which the suit filed by the plaintiffs/Appellants has been dismissed.
2. The facts necessary for disposal of present appeal in short are that the plaintiffs/appellants filed a suit for declaration of title and permanent injunction pleading inter alia that plaintiff No. 1 Gopaldas Bharti and Gurubaksh Singh purchased Kh.No. 459/1 and 460 total area 0.48 acres situated in Tallaiya Gurubaksh Nav Bahar, Sabji Mandi, Bhopal by registered sale deed dated 6-12-1958. On 23-12-1996, Gurubaksh Singh alienated his share to plaintiff No. 2 Kishanlal and Tara Singh by registered sale deed. The land in dispute is in possession of the plaintiffs. Thereafter, the State Govt. started proceedings for acquisition of land and ultimately an acquisition award was passed. The land was acquired for the purposes of construction of Sabji Mandi. However, no notice was given to Gopal Das, Gurubaksh Singh, Tara Singh and Kishanlal as per section 9 of Land Acquisition Act. Accordingly, Gop
Once land is validly acquired, it vests in the State, and the original owner loses all rights over the property, including any claim for restitution, regardless of subsequent non-utilization.
Once the land is acquired, it vests in the State free from all encumbrances, and the change of land use is not a ground for invalidating the acquisition. Section 101 of the 2013 Act cannot be applied....
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.
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