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august 2013

Supreme Court of India · 2013-08-05

Financial Commr.(Rev)& Sec.Punjab & ... vs Gurkirpal Singh

Citation / case number
AIRONLINE 2013 SC 195
Court
Supreme Court of India
Petitioner
Financial Commr.(Rev)& Sec.Punjab & ...
Respondent
Gurkirpal Singh
Author
B. S. Chauhan
Bench
B.S. Chauhan, V. Gopala Gowda

Judgment text excerpt

The Supreme Court held that once possession of land is taken by the State under Section 16 of the Land Acquisition Act, 1894, the land vests in the State free from all encumbrances, and the State loses its power to de-notify the land under Section 48. The Court affirmed the High Court's finding that possession was taken on 10.7.1997, thus quashing the State's notification dated 23.2.2007 that sought to de-notify the land. The judgment reinforces the principle that possession is a critical factor in land acquisition matters.

Financial Commr.(Rev)& Sec.Punjab & ... vs Gurkirpal Singh · Niyam