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.