In Brief
In 1980, the Government of Sikkim sought to acquire 7.07 acres belonging to Man Bahadur Basnett for an agricultural orchard. When the appellant, Basnett's son, discovered the land was being used by the Government in 2002, he sued for recovery of possession. The trial court dismissed the suit citing limitation; the High Court disagreed on limitation but upheld dismissal on merits. The Supreme Court held that the State failed to produce any acquisition notification, records, or proof of compensation payment. Without following mandatory statutory procedure under the Land Acquisition Act, the acquisition was unlawful. The Court allowed the appeal, restored the appellant's possession rights, and awarded damages for wrongful occupation, while giving the State three months to acquire the land properly or surrender it.
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