Land Requisition and Compensation Dispute: Supreme Court’s Final Verdict

The case revolves around a long-standing legal battle over land requisition and compensation. The appellants, B.K. Ravichandra & Ors., challenged the continued possession of their land by the Union of India, despite the expiration of the requisition period. The dispute spanned decades and involved multiple arbitration proceedings and appeals.

Background of the Case

The lands in question, located in Byppanahalli, Bangalore South Taluk, were requisitioned by the Union under the Defence of India Act, 1962 (DIA). The appellants’ predecessor, late B.M. Krishnamurthy, handed over possession under protest. Compensation was fixed in 1964 but approved in 1968. The Requisitioning and Acquisition of Immovable Properties Act, 1952, extended the requisition, and subsequent amendments prolonged the requisition period until 1987.

Legal Arguments

The appellants contended that since no valid acquisition had taken place, the Union was unlawfully occupying their land. They relied on Supreme Court rulings that the right to property, though no longer a fundamental right, remains a constitutional right under Article 300A. Counsel for the Union argued that the land was requisitioned lawfully and that the dispute should be settled in a civil court.

Supreme Court’s Decision

The Court held that the Union’s continued possession of the land beyond 1987 was unlawful. It cited precedents emphasizing that requisitioning is temporary and cannot indefinitely deprive an owner of their property. The Court ruled that the Union must return possession of the land within three months and directed fresh arbitration for compensation determination.

Conclusion

This judgment reinforces the principle that the state cannot indefinitely occupy private property without due legal process. It upholds the rights of landowners against prolonged state possession without acquisition.

Petitioner Name: B. K. Ravichandra & Ors..
Respondent Name: Union of India & Ors..
Judgment By: Justice Indira Banerjee, Justice S. Ravindra Bhat.
Place Of Incident: Byppanahalli, Bangalore South Taluk.
Judgment Date: 24-11-2020.

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