Property Lawyer: No requirement for taking physical possession for Land Acquisition; SC.

Supreme Court of India

Justice Arun Mishra and Justice M R Shah

The SC {State of Haryana and others versus Sunder Lal} holds that in case of land acquisition, it is not required that the actual physical possession is taken by the state of the land acquired. It was held that in case the state acquires the large tract of land and draws the panchnama of taking possession, the same is enough for taking possession of the land. It was further held that the act of Tehsildar in going to the spot and inspecting the land was sufficient to constitute taking of possession, and also if the land was vacant and unoccupied taking symbolical position would be enough - as held in earlier judgements of SC.

In the present case, the SC allowed the appeal of the state and set aside the judgement of the High Court by which it was held by the HC that the possession was not taken of the land belonging to the respondent. It was held by the SC that the respondent had after taking possession of his land by the state had trespassed on the land and raised the construction thereupon, therefore, he deserves no indulgence and leniency. It was also held, while allowing the appeal of the State, that if some land has been released by the state from acquisition, then the respondent cannot take advantage of that, as there is no negative equality in law.