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Supreme Court of India 2025-03-24 partly_allowed

YERIKALA SUNKALAMMA & ANR vs STATE OF ANDHRA PRADESH

Bench: 2 — J.B. Pardiwala, R. Mahadevan

In Brief

The appellants purchased agricultural land in 1970 through a court-sanctioned auction sale and held a government-issued Pattadar Passbook and paid land revenue continuously. In 1995, the State resumed the land to construct a DIET building without compensation, claiming it was government-assigned land. The trial court favored the appellants, but the High Court reversed, ruling the State could resume assigned lands. The Supreme Court held the appellants proved superior title through 25 years of possession, a government Passbook, and revenue receipts, while the State failed to produce the original assignment documents. The Court criticized the State's failure to respond to the statutory Section 80 CPC notice and found such conduct contrary to public policy. Though restoration was impractical after 30 years of construction, the Court ordered Rs. 70 lakh compensation, reaffirming that compensation is mandatory when the government takes property, even from assignees, unless it follows proper acquisition law.

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Land Law Government Property Assignment of Land Possession and Title Public Authorities Section 80 CPC Compensation Fundamental Rights

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