In Brief
The State of Haryana acquired 189.93 acres of land in Sector 57, Gurgaon under the Land Acquisition Act, 1894, passing an award in 2003. The respondent received compensation but subsequently encroached on and constructed structures on the land. He filed a writ petition in 2015 seeking release of his property under the 2013 Fair Compensation Act, claiming possession was never taken. The High Court partly allowed his petition. The Supreme Court held that a valid panchnama (memorandum) drawn on 21.7.2003 in the presence of officials and witnesses constituted proper taking of possession under settled law. Since the respondent accepted compensation and then illegally encroached, he was not entitled to claim release. The appeal was allowed and the High Court order set aside."
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