MAHAVIR AND ANR. ETC. ETC. versus THE RURAL INSTITUTE, AMRAVATI AND ANR. ETC. ETC.

MAHAVIR AND ANR. ETC. ETC. versus THE RURAL INSTITUTE, AMRAVATI AND ANR. ETC. ETC.

Sales effected after notification under Section 4(1) of the Land Acquisition Act are void and the State is not bound by them. Claim of adverse possession fails as petitioners did not assert rights after possession was taken and transferred to Society.

Parties
Petitioner: Maha Vir; Respondent: The Rural Institute, Amravati; Respondent: State/Government
Jurisdiction
India
Judgment Date
28 July 1995
Procedural Posture
Special Leave Petition (civil) / Dismissal
Outcome
Petitions dismissed
Legal Topics
Notification Under Section 4(1), Validity of Subsequent Sale, Adverse Possession, Transfer to Society
Land Acquisition Notification Under Section 4(1) Validity of Subsequent Sale Adverse Possession Transfer to Society

Case Brief

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Parties

Maha Vir

Petitioner

The Rural Institute, Amravati

Respondent

State/Government

Respondent

Procedural Posture

Special Leave Petition (civil) / Dismissal

Legal Issues

  1. 1 Whether sales of land after notification under Section 4(1) of the Land Acquisition Act, 1894 are binding on the State
  2. 2 Whether petitioners acquired title by adverse possession after State took possession

Ratio Decidendi

Sales effected after notification under Section 4(1) of the Land Acquisition Act are void and the State is not bound by them. Claim of adverse possession fails as petitioners did not assert rights after possession was taken and transferred to Society.

Court Disposition

Petitions dismissed

Orders

  • No interference with judgment and decree of Bombay High Court.
  • All courts granted decree in favour of Government and Society.