VidhiSangh

Supreme Court of India · 01/08/2023

YADAIAH AND ANR. versus STATE OF TELANGANA AND OTHERS

[2023] 12 S.C.R. 601 · 2023 INSC 664

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The Court upheld resumption of assigned land alienated through a consideration-backed general power of attorney and subsequent sales. Assignment occurred in 1961, bringing the land within the applicable non-alienation conditions and the 1977 Act. Prior litigation did not bar the fresh proceedings. Compensation was denied on these facts, and Article 142 directions finally settled title and possession in favour of the State and Greyhounds.

Issues

  1. Whether res judicata or delay barred the second show-cause proceedings.
  2. Which assignment regime applied and whether the GPA constituted a prohibited transfer of the whole land.
  3. Whether resumption and denial of compensation were lawful and what final directions were required.

Provisions considered

Held

Result

Appeals dismissed; resumption upheld and compensation refused. Article 142 directions finally vested the whole land in the State and its allottee Greyhounds, free of encumbrances, and barred further derivative claims over it. No costs.

Judgment PDF: Supreme Court of India, [2023] 12 S.C.R. 601.