Chandigarh: The Punjab and Haryana High Court has ruled that the government does not need to physically occupy acquired land after taking legal possession of it.
The court said that preparing a rapat roznamcha, a revenue record entry, can amount to taking physical possession of the land.
Court Explains Possession of Acquired Land
A Division Bench of Justice Vikas Bahl and Justice Subhas Mehla passed the ruling while dismissing a petition filed by landowners from Sonepat district.
The landowners had challenged the acquisition of their property. They sought to quash a Section 4 notification dated May 6, 1982.
They also challenged a Section 6 declaration dated May 2, 1985, and an award dated May 1, 1987.
The case involved 27 kanals and 5 marlas of land. It also covered a one-fourth share in another parcel.
Land Acquired for Development
The government had acquired the land for developing residential, commercial and industrial areas in Sonepat.
The State told the court that the petitioners had not filed objections under Section 5A of the Land Acquisition Act.
The State also said the land was vacant when the Section 4 notification was issued.
According to the government, officials took possession through a rapat roznamcha dated May 1, 1987.
The Land Acquisition Collector also tendered compensation of Rs 34,91,466 after announcing the award. The amount remained deposited in the Collector’s account for payment to the landowners.
Landowners Question Possession
The petitioners argued that the government had not actually taken possession of the land.
They relied on a Roznamcha Waqiati, a village revenue record dated August 31, 2008. The record stated that the May 1, 1987 rapat roznamcha had not initially been entered in the jamabandi.
The landowners also pointed out that no compensation had been paid to them. They said no layout plan had been prepared and no third-party rights had been created on the property.
High Court Rejects Landowners’ Argument
The High Court rejected the contention.
The court noted that the relevant document showed that officials had prepared the rapat on May 1, 1987. Although the entry was initially missing from the jamabandi, officials later entered it.
The Bench also distinguished between making a rapat roznamcha and entering it in the jamabandi.
It observed that the petitioners could not point to any law that required the rapat to be ignored simply because officials had not entered it in the jamabandi at that stage.
Government Need Not Physically Occupy Acquired Land
The High Court held that when the government acquires land and prepares a memorandum showing that possession has been taken, it amounts to taking physical possession.
The court also said the government does not have to put police or another person on the land simply to retain possession.
It is also not necessary for the government to cultivate the property or physically reside on it.
According to the court, the government can take possession through the prescribed proceedings and later use the land for the public purpose for which it was acquired.
The ruling clarifies an important point about land acquisition and possession. A formal revenue record showing possession can be sufficient even when the government has not physically occupied the property.
