#vesting of land

Karnataka High Court holds that land acquisition under the Bangalore Development Authority Act cannot be invalidated after 21 years if possession was taken via mahazar, compensation paid, and the scheme substantially implemented. The ruling imposes exemplary costs for abuse of process, reinforcing finality in vesting disputes and limiting challenges based on delay.

The Bombay High Court has ruled that under the ULC Act repeal, land declared surplus but never taken into physical possession by the State reverts automatically to the original owner. A notification under Section 10(3) alone, without actual possession or control, cannot sustain State ownership post-repeal, rendering all pending proceedings abated. This clarifies a critical loophole affecting thousands of landowners whose properties were notified but never acquired.

Bombay HC rules that once land vests in the Central Government under the National Highways Act, 1956, compensation must be disbursed immediately, irrespective of forest status under the Forest Conservation Act. The court directed payment within six weeks with 9% interest, emphasizing that procedural delays cannot prejudice landowners' right to compensation.

The Calcutta High Court has ruled that once land is acquired under the Land Acquisition Act, 1894, statutory vesting under Section 16 irrevocably extinguishes all prior rights, including promises made in consent orders to return surplus land. This means subsequent purchasers, even those with revenue record mutations, cannot claim title or possession to unutilized portions - reinforcing that only the state holds legal ownership post-acquisition.

Gauhati High Court holds that once land vests under Section 3D of the National Highways Act, 1956, it cannot be returned even if unused. Compensation must be paid.