Document Fragment View

Matching 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.