Supreme Court of India · 1975-04-23
BALWANT NARAYAN BHAGDE vs M. D. BHAGWAT & ORS.
- Citation / case number
- SC 1974/60506
- Court
- Supreme Court of India
- Petitioner
- BALWANT NARAYAN BHAGDE
- Respondent
- M. D. BHAGWAT & ORS.
- Author
- P.N. BHAGWATI
- Bench
- P.N. BHAGWATI
Judgment text excerpt
The Supreme Court held that under Section 48(1) of the Land Acquisition Act, 1894, the Government cannot withdraw from the acquisition of land that has already been taken over and vested in it. The Court emphasized that actual possession must be taken, rejecting the notion of 'symbolical' possession, which is insufficient for the purposes of the Act. The High Court's decision to allow the withdrawal was overturned, affirming that the Government's actions constituted a valid acquisition of the land in question.