L.T. Governor of Delhi & Ors. Vs. Matwal Chand (D) Thr. Lrs.
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Head Note
The Land Acquisition Act, 1894 - Section 4
Displaced Persons (Compensation and Rehabilitation) Act, 1954, Section 12 - Land Acquisition - Evacuee Property - Subject land vested in the Central Government upon publication of the notification under Section 12 of the DPCR Act ceased to be evacuee land - Whether such land vested in the Central Government be acquired under the provisions of the LA Act? - Provisional possession was handed over to the respondents on approval of the highest bid - Such provisional possession gives the auction purchaser possessory rights as distinguished from proprietary rights in the auctioned property - Such proprietary rights occasioned by the delivery of provisional possession creates an encumbrance on the property which can be the subject of acquisition under the LA Act - It is only such land in respect of which the entirety of the rights vests in the State and on which land there are no private rights or encumbrances which would be outside the purview of the LA Act - Judgment and order of the High Court under challenge not sustainable in law liable set aside.
The Land Acquisition Act, 1894 - Section 4
Displaced Persons (Compensation and Rehabilitation) Act, 1954, Section 12 - Land Acquisition - Evacuee Property - Whether the land, after issuance of notification under Section 12 of the DPCR Act, ceased to be evacuee property so as to be excluded from the purview of the notification issued under Section 4 of the LA Act? - Held that the subject land ceased to be evacuee property after publication of the notification of acquisition under Section 12 of the DPCR Act, 1954 - Consequently the exemption clause in the notification issued under Section 4 exempting from its purview evacuee land will have no application to the present case.
Topic(s)-Land Acquisition - Evacuee Property - Law Clarified