H.M. KELOGIRAO AND ORS., ETC versus GOVERNMENT OF A.P. AND ORS.

H.M. KELOGIRAO AND ORS., ETC versus GOVERNMENT OF A.P. AND ORS.

In circumstances where land has vested in the State after possession was taken two decades ago and public infrastructure built thereon, acquisition proceedings cannot be quashed nor can land be returned to appellants. Appellants who have not accepted the award or taken recourse to Section 18 proceedings are entitled to seek a reference within six weeks; limitation objection shall not be raised.

Parties
Appellants: H.M. Kelogirao and Ors.; Respondents: Government of A.P. and Ors.
Jurisdiction
India
Judgment Date
24 September 1997
Procedural Posture
Civil Appeal / Appeal From Judgment and Order of Andhra Pradesh High Court in W.p. No. 4637 of 1987
Outcome
Appeals dismissed
Legal Topics
Land Acquisition for Public Purpose, Vesting of Land, Compensation, Limitation for Reference Application
Land Acquisition Land Acquisition for Public Purpose Vesting of Land Compensation Limitation for Reference Application

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Parties

H.M. Kelogirao and Ors.

Appellants

Government of A.P. and Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal From Judgment and Order of Andhra Pradesh High Court in W.p. No. 4637 of 1987

Legal Issues

  1. 1 Whether land acquisition proceedings can be quashed after land has vested in the State and possession taken two decades ago
  2. 2 Whether landowners are entitled to seek enhanced compensation despite delay and laches

Ratio Decidendi

In circumstances where land has vested in the State after possession was taken two decades ago and public infrastructure built thereon, acquisition proceedings cannot be quashed nor can land be returned to appellants. Appellants who have not accepted the award or taken recourse to Section 18 proceedings are entitled to seek a reference within six weeks; limitation objection shall not be raised.

Court Disposition

Appeals dismissed

Orders

  • Appellants granted six weeks from the date of the order to seek reference under Section 18 of the Act; no objection regarding limitation shall be raised. Reference Court to decide the application on merits and expeditiously. No order as to costs.