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april 2011

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.

Syed Maqbool Ali vs State Of U.P. & Anr · Niyam