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Showing contexts for: consequential damage in Mohammed Karimuddin (Died) And Ors. vs The State Of Madras Represented By The ... on 21 June, 1974Matching Fragments
17. The law of Eminent Domain enables the State to compulsory acquire private land. By such a statutory process the owner is deprived of his rights to own property. This he has to suffer in public interest. But what is relevant for our purpose is that the land acquisition process which contemplates the ultimate taking of possession, necessarily involves a substantial abridgment of the rights of ownership as would amount to deprivation of the owner of his property and consequential damage, as is referred to in Section 23 of the Land Acquisition Act. The word 'possession' in Section 48 of the Act has to be interpreted liberally and in the above light. No irrefragable test can be laid down as to whether on a furnished hypothesis, the owner is deprived of his property by the land acquisition process beginning from the notification under Section 4 (1) and ending with the award enquiry under Sections 9 and 10 of the Act. The words 'possession' and 'deprivation' have been considered by the Supreme Court while interpreting Article 31 of the Constitution of India. In my view, the meaning of those terms in the decided cases, though arising under Article 31 of the Constitution, provide a sale guide for interpreting the word 'possession' in Section 48 (1) of the Land Acquisition Act, which term engulfs within it the expression "substantial deprivation of rights of ownership'. In Subodh Gopal Base's case 1954 S.C.R. 587 : 1954 S.C.J. 127 : 57 L.W. 206 : A.I.R. 1954 S.C. 92, it is said: