Change of end use of land acquired for public purpose

1.

Tulsi Cooperative Housing Society, Hyderabad & Ors. v. State of A.P. & Ors., reported as (2000) 1 SCC 533 (Three Judges Bench) 

"19… We are unable to accept the extreme contention urged by the learned Senior Advocate for the Government that the land should be permitted to be utilized for purposes other than those for which it was acquired. Once we uphold the validity of the proceedings for acquisition under the Acquisition Act,

it has to follow that the lands have to be utilized for the purpose for which they were acquired…."

2.

Narpat Singh & Ors. v. Jaipur Development Authority & Anr., reported as (2002) 4 SCC 666. 

"12… The land acquired
must be used for the public purpose for which it has been acquired."
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Section 44A of the Land Acquisition Act

http://www.indiankanoon.org/doc/948313/

 

In our view Section 44A prohibits transfer of land. Section 44B of the Land Acquisition Act provides for land not to be acquired under this Part except for certain purposes for private companies other than Government Companies. Sections 44A and 44B of the Land Acquisition Act are inserted by the Land Acquisition (Amendment) Act, 1962. The amendments are intended to safeguard the public interest. Therefore, Sections 44A and 44B of the Land Acquisition Act are intended to safeguard the public interest. Section 44A accordingly puts an interdict to transfer by sale, gift or lease or otherwise any acquired land without permission of the appropriate Government. "Transfer" means passage of a right from one to another. Transfer may take place in three different ways. It may be by virtue of an act done by a transferor with an intention, as in the case of a conveyance or a gift or; secondly, it may be by operation of law as in the case of forfeiture, bankruptcy, intestacy or thirdly, it may be an involuntary transfer effected through court, as in execution of a decree for either enforcing a mortgage or for recovery of money due under a simple money decree. In view of the words, "sale, gift or lease", it seems the statute contemplates a transfer inter vivos.

Suit for Land : Specific Performance

AIR 1960 Cal 626

2001 (7) SCC 698

Suit for specific performance of an agreement to sell is not a suit for land in terms of Clause 12 of the Letters Patent



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AIR 2004 Mad 54: A suit seeking  final decree for recovery of money and only when there is default, a final decree may ensue permitting recourse to the land in satisfaction of the money claim is not a suit for land.




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Wimco Limited v. Matoshree Shelters Private Ltd., MANU/MH/0834/2009

To find out territorial jurisdiction the court is required to consider the averments and prayers made in the Plaint.


An incidental prayer for possession where the suit is essentially for declaration does not make the suit, ' a suit for land'.