Supreme Court of India

B. K. Ravichandra & Ors. v. Union of India & Ors.

Neutral citation
Reported as [2020] 12 S.C.R. 974
Bench Indira Banerjee and S. Ravindra Bhat JJ.
Decided 24 November 2020

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.

What the Court ordered

For the above reasons, this court holds that the impugned judgment committed an error in refusing relief to the appellants. 33 years (based upon cessation of the Union’s legal possession) is a long enough time, even in India, to be kept away from one’s property.

Judgment, page 26

From the headnote

Requisitioning and Acquisition of Immovable Properties Act, 1952: Requisition under – Continuation of occupation of the Union Government, even after lapse of the Act – Refusal to h and back the possession – High Court by impugned order despite ho lding that the Union claim has no merit, did not issue any direction to rel ease the lands in question – Appeal to Supreme Court – Held: Acqui sition under the Act is temporary – State’s occupation ceased to be lawful, with the lapse of the Act in the year 1987 – Right to proper ty though not fundamental, is a valuable constitutional right ensuring

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