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Documents citing Narmada Bachao Andolan vs State Of M.P. & Anr on 11 May, 2011

Indore Development Authority vs Shailendra (Dead) Through Its Lrs. And ... on 8 February, 2018

In Narmada Bachao Andolan v. State of Madhya Pradesh & Anr. AIR 2011 SC 1989, this Court has observed that it would depend upon the facts of individual case whether possession has been taken or not. However, this Court had appointed a Commissioner in the said case to find out the possession on the spot and DVDs. and CDs were seen to hold that landowners were in possession. District Judge, Indore, recorded the statements of the tenure-holders, which were referred to by this Court in the said judgment. Said decision has to be treated as confined to its own facts, as the mode adopted for determining the possession by the 101 help of Commissioner is doubtful. The Commissioner could not have determined the factum of possession. It is the function of the court and this cannot abdicate to Commissioner its function. Even under Order XXVII CPC function of Commissioner is not to determine possession and once possession has been taken, whether there was re-entry or trespass had not been examined in the said case.
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