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Land Owner Cannot Claim Back His Land Once Acquired by the State

Supreme Court in its judgment on 16 August 2010 said that once the state acquires the land through legal means, the land owner from whom land is acquired can’t claim back his land

Nov 26, 2010 10:04 IST
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Supreme Court in its judgment on 16 August 2010 said that once the state acquires the land through legal means, the land owner from whom land is acquired can’t claim back his land on the basis that either the original public purpose of the land is no longer in operation or the land is put to some other use.


A Supreme Court bench consisting of Justices P. Sathasivam and B.S. Chauhan ruled that once the land is acquired by the state it is the sole concern of the state that how it uses the land not of the land owner from whom the land owner acquired the land. The land owner becomes persona non grata once the land vests in state. He has the right only to get compensation for the land. However, he can’t claim back his land on any basis whatsoever.


In the related case, Sulochana Chandrakant challenged the Bombay High Court judgment, which allowed a petition filed by the Pune Municipal Transport. Pune Municipal Transport had questioned the government’s order consenting to an application from her that her land should be returned to her as the purpose of acquisition was changed and instead of staff quarters, bus depot was built.
The Supreme Court bench dismissed her appeal.

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