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10. The above legal position has also been held in State of U.P. Vs Hari Ram) 2013-3-MLJ-408 (SC) by the Apex Court. In the said judgement, it is held as under:

“39. The mere vesting of the land under sub-section (3) of Section 10 would not confer any right on the State Government to have de facto possession of the vacant land unless there has been a voluntary surrender of vacant land before 18.3.1999. State has to establish that there has been a voluntary surrender of vacant land or surrender and delivery of peaceful possession under sub-