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2018 (8) TMI 2041 - SUPREME COURTRelease of the acquired land from acquisition proceedings - whether the High Court was justified in allowing the writ petition filed by the landowners (VCHS-Respondent No. 1 herein) and, in consequence, was justified in issuing directions to the State in relation to the land in question? - Section 48 of the Land Acquisition Act, 1894 - HELD THAT:- Once it is held that the possession of the land in question was taken by the State in accordance with law on 30.05.2004 from the landowners, there are no hesitation in holding that the provisions of Section 48 of the Act were not applicable to the case at hand. In other words, once it is held that the possession of the acquired land was with the State, the land stood vested in the State disentitling the State to release the land from the acquisition proceedings by taking recourse to the provisions of Section 48 of the Act - A fortiori, the then Revenue Minister had no power to deal with the land in question in any manner whatsoever and nor had any power to invoke the provisions of Section 48 of the Act for release of the land in question from the clutches of the acquisition proceedings. The then Revenue Minister, who passed the order dated 10.06.2004 had no power to deal with the matter relating to release of the land in question. He simply usurped the power Under Section 48 of the Act, which he never possessed. It was an abuse of exercise of power by him while dealing with the State's largesse - the filing of the writ petition by the landowners itself was an abuse of judicial process. It was for the simple reason that the earlier litigation, which travelled up to this Court thrice having ended against the landowners, it was binding on the parties. It prevented the landowners to again raise the same issue. The High Court failed to examine the issues arising in the case in its correct perspective - Petition dismissed with costs quantified at ₹ 25,000/- to be payable by Respondent No. 1 to the Appellant.
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