In Brief
A government department in Sikkim sought to acquire 7.07 acres of land in 1980 for an orchard project without following statutory acquisition procedures. The landowner's heir claimed illegal trespass when the government continued occupying the land without proper notification or compensation proof. The Supreme Court held that the State must strictly follow land acquisition law, including Section 4 notification and Section 7 compensation determination. The government's inability to produce acquisition records, proof of compensation payment, or even notification rendered the acquisition void. The Court declared the possession illegal and entitled the owner to recover the land and claim damages (mesne profits) for wrongful use. The Court gave the State three months to either acquire the land properly or return it to the owner.
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