PIMPRI CHINCHWAD NEW TOWNSHIP DEVELOPMENT AUTHORITY versus VISHNUDEV COOPERATIVE HOUSING SOCIETY & ORS.

PIMPRI CHINCHWAD NEW TOWNSHIP DEVELOPMENT AUTHORITY versus VISHNUDEV COOPERATIVE HOUSING SOCIETY & ORS.

Once possession of acquired land is taken by the State, Section 48 of the Land Acquisition Act, 1894 is not applicable. The State, including the Revenue Minister, has no power to withdraw from acquisition or release such land, as it vests in the State free from all encumbrances.

Parties
Appellant: Pimpri Chinchwad New Township Development Authority; Respondents: Vishnudev Cooperative Housing Society & Ors.
Jurisdiction
India
Judgment Date
03 August 2018
Procedural Posture
Civil Appeal / Final Appeal Against High Court Order
Outcome
appeal allowed
Legal Topics
Section 48 Land Acquisition Act, Vesting of Acquired Land, Release After Possession, Governmental Powers
Land Acquisition Property Law Section 48 Land Acquisition Act Vesting of Acquired Land Release After Possession Governmental Powers

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Parties

Pimpri Chinchwad New Township Development Authority

Appellant

Vishnudev Cooperative Housing Society & Ors.

Respondents

Procedural Posture

Civil Appeal / Final Appeal Against High Court Order

Legal Issues

  1. 1 Whether the State Government had power to release the acquired land under Section 48 of the Land Acquisition Act after possession was taken?
  2. 2 Whether the order of the Revenue Minister creates any enforceable rights for landowners under Section 48 of the Act?

Ratio Decidendi

Once possession of acquired land is taken by the State, Section 48 of the Land Acquisition Act, 1894 is not applicable. The State, including the Revenue Minister, has no power to withdraw from acquisition or release such land, as it vests in the State free from all encumbrances.

Court Disposition

appeal allowed

Orders

  • Impugned High Court order set aside.
  • Writ petition by respondent No.1 dismissed.