Supreme Court
explained the concept of voluntary surrender, peaceful dispossession and
forceful dispossession. I may quote the relevant observations:
"37. Requirement of giving notice ... delivering possession after notice, under
Section 10(5) or dispossession by use of force, it cannot be said that the
State Government has taken possession
while sub-
section (6) of Section 10 contemplates a situation of forceful
dispossession.
Forceful dispossession
36. The Act provides for forceful dispossession but only when ... give delivery of
possession under Section 10(5), then "forceful dispossession"
under sub-section (6) of Section 10.
37. The requirement of giving
peacefully while subsection (6) of
Section 10 contemplates a situation of forceful
dispossession.
Forceful dispossession
36. The Act provides for forceful dispossession but only
when ... give
delivery of possession under Section 10(5), than "forceful
dispossession" under sub-section (6) of Section 10.
(26) This Court has also
while sub-
section (6) of Section 10 contemplates a
situation of forceful dispossession.
Forceful dispossession
36. The Act provides for forceful
16 Writ Petition ... give delivery of possession under Section
10(5) , then "forceful dispossession" under
sub-section (6) of Section 10 .
37. The requirement of giving
while sub-section (6) of Section 10
contemplates a situation of forceful
dispossession.
Forceful dispossession
36. The Act provides for forceful dispossession
but only when ... surrender or
give delivery of possession under Section 10(5),
then “forceful dispossession” under sub-section
(6) of Section 10.
37.The requirement of giving
throughout remained with land
holder / owner and in absence of any forceful
dispossession by taking recourse to Section ... while
subsection (6) of Section 10
contemplates a situation of forceful
dispossession.
Forceful dispossession
36. The Act provides for forceful
dispossession but only when
peaceful possession under sub-section (5) of
Section 10 or forceful dispossession under sub-section (6) of
Section 10 . On failure to establish ... while sub-section (6) of Section 10
contemplates a situation of forceful dispossession.
Forceful dispossession
36. The Act provides for forceful dispossession but only when
while sub-section (6) of Section 10
contemplates a situation of forceful dispossession.
Forceful dispossession.
36. The Act provides for forceful dispossession but only when ... give delivery of
possession under Section 10(5) , then "forceful dispossession"
under sub-section (6) of Section 10 .
37. The requirement of giving
possession peacefully while Section 10(6) contemplates forceful dispossession,
which will occur when a person fails to comply with order issued under Section ... while sub-section (6) of Section 10 contemplates a situation
of forceful dispossession.
Forceful dispossession
36. The Act provides for forceful dispossession but only when
considered the subject of
voluntary surrender and peaceful dispossession
and forceful dispossession. He would emphasize
on the distinctions of Sections ... person refuses
to hand over possession under the question of
forceful dispossession under Section 10(6) would
occur. Relying on para 36 of the decision
