BALWANT NARAYAN BHAGDE versus M. D. BHAGWAT & ORS.

BALWANT NARAYAN BHAGDE versus M. D. BHAGWAT & ORS.

Actual possession of the land was taken by the Government's agent; after such possession, the land vests in the Government and withdrawal from acquisition is not permissible under section 48(1). The appellant's resumption of possession does not undo the vesting.

Parties
Appellant: Balwant Narayan Bhagde; Respondent: M. D. Bhagwat; Respondent: E. R. Mahaiani; Respondent: Punjabrao Krishi Vidyapeeth (Agricultural College)
Jurisdiction
India
Judgment Date
23 April 1975
Procedural Posture
Civil Appeal / Appeal by Special Leave From Common Judgment and Order Dated 27/28 9 1973 of the Bombay High Court, Nagpur Bench
Outcome
Appeals dismissed with costs
Legal Topics
Delivery and Effect of Possession, Government Withdrawal From Acquisition, Actual Versus Symbolical Possession Under Land Acquisition Act
Land Acquisition Delivery and Effect of Possession Government Withdrawal From Acquisition Actual Versus Symbolical Possession Under Land Acquisition Act

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 6 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Balwant Narayan Bhagde

Appellant

M. D. Bhagwat

Respondent

E. R. Mahaiani

Respondent

Punjabrao Krishi Vidyapeeth (Agricultural College)

Respondent

Procedural Posture

Civil Appeal / Appeal by Special Leave From Common Judgment and Order Dated 27/28 9 1973 of the Bombay High Court, Nagpur Bench

Legal Issues

  1. 1 Whether actual possession was taken by the Government under the Land Acquisition Act, 1894
  2. 2 Whether the Government or Commissioner could withdraw from acquisition of land after possession was taken

Ratio Decidendi

Actual possession of the land was taken by the Government's agent; after such possession, the land vests in the Government and withdrawal from acquisition is not permissible under section 48(1). The appellant's resumption of possession does not undo the vesting.

Court Disposition

Appeals dismissed with costs

Orders

  • Appeals dismissed with costs.
  • One set of costs awarded.