Case Note & Summary
The appellants filed a writ petition seeking a direction to consider their representation for re-conveyance of 8.25 acres of land acquired in 1962 from their predecessor. The learned Single Judge dismissed the writ petition, noting that while the land remained unutilised, the acquisition and payment of compensation precluded the claim. The Division Bench affirmed this view, holding that land once acquired and compensated vests absolutely in the Government and can be used for any public purpose. The appeal was dismissed with no order as to costs.
Headnote
A) Property Law - Land Acquisition - Re-conveyance of Acquired Land - Not mentioned - The appellants, legal heirs of the original landowner, sought re-conveyance of 8.25 acres of land acquired in 1962, which remained unutilised. The court held that once land is acquired and compensation is paid, it vests absolutely in the Government, and the erstwhile landowners cannot seek re-conveyance after a prolonged period; dismissed the writ appeal (Paras 3-4).
Issue of Consideration
Whether the writ petitioners can seek re-conveyance of land after it has been acquired and compensation paid, on the ground of non-utilization.
Final Decision
The writ appeal was dismissed, confirming the order of the learned Single Judge. The court held that the land acquired and compensation paid, even if unutilised, vests absolutely in the Government, and the erstwhile landowners cannot seek re-conveyance after such a prolonged period. No costs ordered.
Law Points
- Once land is acquired and compensation paid
- the land vests absolutely with the Government and can be utilised for any public purpose
- erstwhile landowner cannot seek re-conveyance on ground of non-utilization after prolonged period
