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Supreme Court of India 2018-04-20 dismissed

Gaurav Aseem Avtej vs U.P. State Sugar Corporation Ltd. & Ors

Bench: 2 — L. Nageswara Rao

In Brief

This case involved a dispute over land leased by the plaintiffs to a sugar mill. The plaintiffs sought eviction and arrears recovery after terminating the lease, but the sugar corporation claimed the land vested in it under the Uttar Pradesh Sugar Undertakings (Acquisition) Act, 1971. The Supreme Court held that all lands held or occupied for a factory's purposes vest entirely in the State upon acquisition, not merely the leasehold interest. The phrase 'including any leasehold interest' clarifies rather than limits the scope of acquisition. The 1950 Land Act did not apply to land used for non-agricultural purposes before 1950. The High Court's judgment was set aside and the appeals were dismissed.

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Land Law Statutory Acquisition Lease and Tenancy Civil Procedure Property Rights

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