In Brief
The Supreme Court allowed an appeal by the State of Tamil Nadu against orders of the Madras High Court that had held the State had not taken possession of surplus land vested under the Urban Land Ceiling Act. The land owner had voluntarily surrendered possession in 1980 by written letter and later passed away. Her children sought restoration of the land under a savings clause in the Repeal Act, claiming the State never took possession because an inspection showed the land lying vacant. The Court held that voluntary written surrender by the owner constitutes valid 'taking over' of possession, and a mere inspection report showing the land vacant cannot undo that. The Court also noted the children had engaged realtors to litigate the claim, constituting champerty. The Court set aside the High Court orders and dismissed the writ petition."
The lawyer headnote and full judgment text are available to registered users.