Summary
The Supreme Court held that Sikkim failed to establish lawful acquisition or payment of compensation for land occupied by its Agriculture Department. Conditional consent and interdepartmental correspondence could not substitute for proof of acquisition and payment. The landowner was entitled to possession and damages, subject to the State’s three-month opportunity to choose lawful acquisition or surrender. Mesne profits remained payable in either event and were to be determined through the trial court.
Issues
- Whether the State proved acquisition and compensation despite missing notifications and payment records.
- What relief followed from unauthorised occupation of the land.
Provisions considered
- Article 300A, Constitution of IndiaProperty deprivation requires authority of law and compliance with the statutory acquisition process. (¶¶ 14, 16, 18, 19, 20)
Held
- The State bore the burden of proving the statutory acquisition process and compensation payment. It produced neither notifications nor a receipt or cash-withdrawal evidence, despite an additional opportunity; a conditional no-objection and departmental forwarding letters did not discharge that burden. (¶¶ 8, 9, 13, 19)
- The right to property remains a constitutional right and acquisition provisions must be strictly followed. Public departmental use did not authorise possession without the required legal process. (¶¶ 14, 15, 16, 18, 20)
- The State had not pleaded adverse possession and its case was acquisition by due process. That alternative basis did not survive to defeat the owner’s claim. (¶¶ 7, 10, 11, 12)
- The owner was entitled to possession and damages for illegal use and occupation, at least for the three years preceding the statutory notice. The State received three months to decide whether to acquire through proper notification or surrender possession. Payment for use and occupation remained due in either event, with mesne profits to be determined by a commissioner appointed by the trial court. (¶¶ 19, 20)
- The earlier alternative direction concerning refund of collected land revenue did not arise in light of the relief now granted. (¶ 21)
Result
Appeal allowed; State given three months to choose lawful acquisition or surrender of possession. Damages and mesne profits to be determined in accordance with law through a trial-court-appointed commissioner. Parties to bear their own costs.