Supreme Court of India

Gajanan Kamlya Patil v. Addl. Collector & Comp. Auth. & Ors.

Neutral citation
Reported as [2014] 1 S.C.R. 1032
Bench K.S. Radhakrishnan J.
Decided 14 February 2014

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

4 Supreme Court benches have cited this judgment.

What the Court ordered

We are of the view that so far as the present case is concerned, the word "vesting" takes in every interest in the 8 property including de jure possession and, not de facto but it is always open to a person to_ voluntarily surrender and deliver possession, under Section 10(3) of the Act.

Judgment, page 12

From the headnote

Urban Land (Ceiling and Regulation) Act, 1976: s.10(3), (4), (5), (6) - Notice issued under the ULC Act to the appellants-land owners to hand over possession of the land in question and in case of failure, authorities would take necessary action for taking possession by application of necessary force - Meanwhile, Act repealed - Notice challenged by land owners - Held: Nothing to show that land owners had voluntarily surrendered or authorities had taken peaceful or forcible possession of land in question - It was always open to the authorities to take forcible possession and, in fact, in the

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