In Brief
The State acquired 40.49 hectares of land in Maharashtra for township development, and after compensation disputes, partially released 29.98 hectares in 1992. The retained 10.51 hectares were taken into possession in 2000, vesting in the State under Section 16 of the Land Acquisition Act. In 2004, the Revenue Minister informally noted approval for release of the remaining land, but this was never formally notified or communicated. The landowners sought mandamus. The Supreme Court held that once possession is taken under Section 16, Section 48 (allowing withdrawal from unoccupied acquisitions) ceases to apply. The Minister's mere filing notation, uncommunicated and never formally issued, was not a valid order. Release requires an official gazette notification. The High Court's mandamus was reversed, and the acquisition remained valid for the development project.
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