Home Case Index All Cases Indian Laws Indian Laws + SC Indian Laws - 2015 (2) TMI SC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2015 (2) TMI 1389 - SC - Indian LawsSeeking enhancement of compensation for the land acquired for 50 and 80 feet D.P. Road - compensation for land acquired for Dhobi Ghat - HELD THAT:- In the present case is that the dispute relates to mutation; in the revenue record the land has been mutated and recorded in the name of the Appellant-Corporation. This was opposed by the Respondent No. 2 who had not been granted relief by the competent authorities at the different stages. Therefore, he moved before the High Court against the mutation. It is settled that mutation does not confer any right and title in favour of any one or other, nor cancellation of mutation extinguishes the right and title of the rightful owner. Normally, the mutation is recorded on the basis of the possession of the land for the purposes of collecting revenue - In the present case, it is found that a disputed question of fact was raised by the parties with regard to the title over the land in question. The Appellant-Corporation on the one hand based its claim of title on payment of amount by depositing it in the court and possession of the land taken pursuant to the agreement reached between the Appellant-Corporation and the father of the Respondent No. 2. In view of the fact that there is a disputed question of fact, it was not a fit case for the High Court to decide the question of mutation doubting the title in a petition under Article 226 of the Constitution and thereby reversing the concurrent finding of fact by the competent authorities - appeal allowed.
|