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Showing contexts for: section 12 of easement act in Jeyaraman vs The Executive Officer on 8 November, 2021Matching Fragments
21.In view of the above said judgment, an acquired land vests in the hands of the Government free from all encumbrances including an easementary right. https://www.mhc.tn.gov.in/judis In the said judgment, the Hon'ble Supreme Court had drawn a distinction between other easements and easement by necessity. In the said judgment, the High Court has taken a view that all other easements will get extinguished when the possession is taken by the Government under Section 16 of the Act but an easement of necessity of a passage right will not get extinguished even if the land is acquired. The said proposition of law was approved by the Hon'ble Supreme Court in Paragraph No.12 of the Judgment.