Case Note & Summary
The petitioners filed a writ petition under Article 226 of the Constitution of India seeking a writ of mandamus directing the respondents to acquire their land described in paragraph 2 of the petition, or alternatively, to restore vacant and peaceful possession of the said land to them. The land in question was subject to acquisition proceedings under the Land Acquisition Act, 1894. The respondents contended that the land had already been acquired, an award was passed under Section 11 of the Act, and possession was taken, vesting the land in the State. The petitioners argued that the acquisition was not completed and they were entitled to either acquisition or restoration. The court examined the provisions of the Land Acquisition Act, 1894, particularly Sections 11, 16, and 48. It held that once possession is taken under an award, the land vests absolutely in the State under Section 16, and no writ of mandamus can be issued to compel acquisition or restoration. The court noted that the petitioners' remedy, if any, lies in a civil court for compensation. The writ petition was dismissed with no order as to costs.
Headnote
A) Constitutional Law - Writ of Mandamus - Land Acquisition - Petitioners sought mandamus for acquisition or restoration of land - Court held that once possession is taken under an award, the land vests in the State and no mandamus lies to compel acquisition or restoration - Held that the remedy, if any, lies in civil court for compensation (Paras 1-10).
Issue of Consideration
Whether a writ of mandamus can be issued directing the respondents to acquire the petitioners' land or restore possession thereof, when the land was already acquired and possession taken under the Land Acquisition Act, 1894.
Final Decision
The writ petition is dismissed. No order as to costs.
Law Points
- Writ of mandamus cannot be issued to compel acquisition of land when possession has already been taken under an award
- Land Acquisition Act
- 1894
- Section 11
- Section 16
- Section 48
- Article 226 of Constitution of India
Case Details
2015 LawText (BOM) (10) 69
Writ Petition No.264 of 2009
A.S. Oka, Revati Mohite Dere
Dr. Ramdas P. Sabban for the Petitioners, Mr. V.S. Gokhale, AGP for respondent Nos.1 to 4, Mr. Nitin P. Deshpande for respondent Nos.5 and 6, Mr. Vijay Killedar a/w Siddharth Gadhvi for respondent No.7
Dr. Mohammad Ali Nawabsaheb Wadwan (since deceased through LRs.)
The State of Maharashtra and others
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Nature of Litigation
Writ petition under Article 226 of the Constitution of India seeking a writ of mandamus for acquisition or restoration of land.
Remedy Sought
Petitioners sought direction to respondents to acquire the land described in paragraph 2 of the petition or restore vacant and peaceful possession of the said land to them.
Filing Reason
Petitioners claimed that their land was not properly acquired and they were entitled to either acquisition or restoration of possession.
Issues
Whether a writ of mandamus can be issued to compel acquisition of land when possession has already been taken under an award under the Land Acquisition Act, 1894.
Submissions/Arguments
Petitioners argued that the acquisition was not completed and they were entitled to either acquisition or restoration of possession.
Respondents contended that the land was already acquired, an award was passed, and possession was taken, vesting the land in the State.
Ratio Decidendi
Once possession of land is taken under an award under Section 11 of the Land Acquisition Act, 1894, the land vests absolutely in the State under Section 16, and no writ of mandamus can be issued to compel acquisition or restoration. The remedy, if any, lies in a civil court for compensation.
Judgment Excerpts
By this Writ Petition under Article 226 of the Constitution of India, the petitioners are seeking a writ of mandamus directing the respondents to acquire the land of the petitioners more particularly described in paragraph 2 of the petition.
The second substantive prayer is either for issuing the aforesaid direction or for the restoration of the vacant and peaceful possession of the land described in paragraph 2 of the petition to the petitioners within the time fixed by this Court.
Procedural History
The petitioners filed Writ Petition No.264 of 2009 before the High Court of Judicature at Bombay under Article 226 of the Constitution of India. The petition was heard and judgment reserved on August 13, 2015, and pronounced on October 23, 2015.
Acts & Sections
- Land Acquisition Act, 1894: Section 11, Section 16, Section 48
- Constitution of India: Article 226
