In Brief
The Supreme Court examined whether the State must serve mandatory notice under Section 10(5) of the Urban Land (Ceiling and Regulation) Act before acquiring excess vacant land from persons in actual possession. The appellants held sub-plots on land declared excess but never received notice before acquisition. The High Court dismissed their challenge, calling them "illegal occupants." The Supreme Court held that notice to persons in actual possession is mandatory, not optional. Without serving notice to the actual possessors, the acquisition process was incomplete. Since possession was not legally transferred before the repealing legislation took effect, the proceedings abated. The Court set aside the High Court order and restored the appellants' rights, emphasizing that statutory safeguards protecting possessors are essential.
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