Supreme Court of India · 2011-04-04
Syed Maqbool Ali vs State Of U.P. & Anr
- Citation / case number
- AIR 2011 SUPREME COURT 2542
- Court
- Supreme Court of India
- Petitioner
- Syed Maqbool Ali
- Respondent
- State Of U.P. & Anr
- Author
- R. V. Raveendran
- Bench
- R.V. Raveendran, A.K. Patnaik
Judgment text excerpt
The Supreme Court held that a landholder whose land is taken without acquisition cannot seek remedy under Section 18 of the Land Acquisition Act, 1894, as this section applies only to land that has been formally acquired. The Court clarified that the appropriate recourse for such a landholder is to file a civil suit for recovery of possession or compensation, or to approach the High Court through a writ petition if the action is arbitrary or unreasonable. The dismissal of the appellant's writ petition by the High Court was thus deemed incorrect, leading to the appeal being allowed.