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State of Andhra Pradesh vs Hyderabad Potteries Private Limit

CA Adarsh Agrawal ,
  27 April 2010       Share Bookmark

Court :
SUPREME COURT OF INDIA, 19 Apr 2010
Brief :

Citation :


Land & Property - Andhra Pradesh Land Grabbing (Prohibition) Act, 1982, ss. 8(1) and 10 - Land grabbing - Appellant-State filed an application u/s. 8(1) of the Act before the Special Court, against the respondents seeking a declaration that they be declared land grabbers in respect of schedule property and consequently to evict them and deliver vacant possession - Facts clearly establish that respondent no.1 had purchased the said land from its previous owners whose names were already mutated in the land records and after purchase, respondent no.1 name came to be mutated in the records - Its possession for last more than 60 years was never disturbed - It had constructed multi-storeyed building only after obtaining sanction and permission from Municipal Corporation - On consideration of the entire evidence and the material on record, the Special Court by majority view dismissed the application filed by the Appellant-State - Writ petition filed thereagainst was also dismissed - Hence, present appeal - Held, prima facie burden which lay on the Appellant-State that its land was grabbed by respondents was not discharged - On the other hand, on account of various sale deeds, mutation of their names in the Town Survey Land Register, payment of Taxes and other documents, it was fully established that respondents were the exclusive owner thereof - Thus, the burden which lay on the respondents as contemplated u/s. 10 of the Act was fully discharged and prima facie Appellant-State failed to establish that respondents were land grabbers of its land or the title of the land vested with the Appellant-State - Special Court committed no error in drawing presumption in favour of the respondents that they cannot be declared as land grabbers as contemplated u/s. 10 of the Act - Appeal dismissed.


 
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Published in Property Law
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