Land acquired by authorities after its possession and payment
of compensation under the Land Acquisition Act vests with the State, free from
all encumbrances, the Supreme Court has said. A vacation bench of justices M R
Shah and Aniruddha Bose agreed with the view of the Allahabad High Court that
any person retaining possession of the land thereafter has to be treated as a
trespasser.
The apex court was hearing a plea filed by a Uttar Pradesh resident,
challenging a notice dated February 2 issued by the Greater Noida Industrial
Development Authority, asking him to remove unauthorised encroachments over a
piece of land situated under its notified area.
The top court noted that the petitioner's land was acquired,
its possession taken over and the payment of compensation under the Land
Acquisition Act, 1894 paid.
"In that view of the matter, the petitioner has no right
to occupy and/or continue with the possession, as after the acquisition, the
land absolutely vests with the state government. The high court has rightly
refused to interfere and we are in complete agreement with the view taken by
the high court.
"Therefore, we see no reason to interfere with the
impugned order in exercise of our powers under Article 136 of the Constitution
of India. The Special Leave Petition is, accordingly, dismissed," the
bench said.
The high court had said after the acquisition of land and
passing of award, the land vests with the State, free from all encumbrances.
The Uttar Pradesh government had contended that the
possession of the land in question was taken in 1996 and even the entry of the
revenue record was changed. However, the petitioner had encroached the area
again, it had said.
"If, after the process of acquisition is complete and
land vests in the State free from all encumbrances with possession, any person
retaining the land or any re-entry made by any person is nothing else but
trespass on the State land," the high court had said.
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