NATIONAL THERMAL POWER CORPORATION LTD. versus MAHESH DUTTA AND OTHERS

NATIONAL THERMAL POWER CORPORATION LTD. versus MAHESH DUTTA AND OTHERS

Once possession of land is taken under Section 17 for emergency acquisition, the land vests irrevocably in the government, and the State loses the power to withdraw from the acquisition under Section 48; possession having been admitted in award, official documents, and before courts, the plea of non-possession is not tenable, and land may be lawfully put to another public purpose if not used for the purpose of original acquisition.

Parties
Appellant: National Thermal Power Corporation Ltd.; Respondents: Mahesh Dutta and Others
Jurisdiction
India
Judgment Date
16 July 2009
Procedural Posture
Civil Appeal / Appeal From Order of High Court in Writ Petition
Outcome
Appeals dismissed
Legal Topics
Withdrawal From Acquisition, Emergency Acquisition, Estoppel, Land User, Evidence of Possession
Land Acquisition Withdrawal From Acquisition Emergency Acquisition Estoppel Land User Evidence of Possession

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Parties

National Thermal Power Corporation Ltd.

Appellant

Mahesh Dutta and Others

Respondents

Procedural Posture

Civil Appeal / Appeal From Order of High Court in Writ Petition

Legal Issues

  1. 1 Whether the State can withdraw from acquisition after possession is taken under Section 17 of the Land Acquisition Act, 1894
  2. 2 Whether possession of the acquired land was actually taken by NTPC
  3. 3 Whether land not used for the purpose for which it was acquired may be used for another public purpose

Ratio Decidendi

Once possession of land is taken under Section 17 for emergency acquisition, the land vests irrevocably in the government, and the State loses the power to withdraw from the acquisition under Section 48; possession having been admitted in award, official documents, and before courts, the plea of non-possession is not tenable, and land may be lawfully put to another public purpose if not used for the purpose of original acquisition.

Court Disposition

Appeals dismissed

Orders

  • Appeals dismissed with cost; counsel fee assessed at Rs.50,000 in each appeal
  • Legal steps permitted if respondents or others found in possession of acquired land