The acquired land belongs to the State once taken possession, compensation paid: SC


Land belongs to the state once it is acquired by the authorities, its possession taken over and payment of compensation made under the Land Acquisition Act, the Supreme Court said.

The order follows a petition filed by a resident of Uttar Pradesh, who had challenged a notice dated February 2 from the Greater Noida Industrial Development Authority, asking it to remove unauthorized encroachments on land below his area. notified.

A bench of vacation judges, MR Shah and Aniruddha Bose shared the view of the Allahabad High Court that anyone who retains possession of the land after it has been taken and compensation has been paid should be treated as an intruder.

“From this point of view, the petitioner does not have the right to occupy and/or retain possession, because after acquisition, the land absolutely belongs to the state government. The High Court rightly declined to intervene and we fully agree with the High Court’s view,” the bench said.

“Therefore, we see no reason to interfere with the contested order in the exercise of our powers under Article 136 of the Constitution of India. The application for special leave is, therefore, dismissed. “, he added.

The high court had declared that after the acquisition of the lands and the awarding of the sentence, the lands vest in the State, free from all encumbrances.

The Uttar Pradesh government had argued that possession of the land in question had been taken in 1996 and even the entry in the revenue register had been changed. However, the petitioner had again encroached on the area.

“Anyone who retains possession thereafter should be treated as a trespasser. When a large portion of land is acquired, the state is not supposed to put a person or a police force to retain possession and start cultivating the land until it is used. Nor is the government expected to begin residing or physically occupying it once the acquisition process is complete,” the High Court said.

“If, after the process of acquisition is completed and the land vests in the State free from all encumbrances of possession, any person retaining the land or any re-entry made by any person is nothing but an intrusion on state lands,” he added. .

With agency contributions.

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