also be in actual physical possession of the building. The expression "actual physical possession" relates to both land and building. It is therefore ... possession of land, may sub-let, though with authority; lose possession; allow the person put into possession to put up a construction; resume possession
actual physical possession' and therefore it is not mandatory for a tenant to be in actual physical possession of the land to invoke Section ... concerned, in our opinion, the word 'possession' should only mean actual physical possession of the land and building. That Section should be read
still retained their
possession. It is now well-settled legal
position that it is difficult to take
physical possession of the land under
compulsory acquisition ... expression "physical possession" in sub-
section (2) makes it clear that mere formal possession
is not sufficient. Actual physical possession is
necessary
India, Land and Building Department clarifying the
expression „physical‟. Mr. Gupta reiterated that the Petitioners are still
ploughing their lands and that the possession memo ... Ministry from physical possession which states "physical possession will be
considered to have been taken when the land acquired had been physically
demarcated
undisputed fact that the petitioners are in actual
physical possession of land in question. A scheme was framed
-3-
by Indore Development Authority by passing ... Court. Even after the
dismissal of the SLP the actual physical possession of the land in
question was not taken over by the Indore Development
take possession of the land acquired by it under the Land Acquisition Act, 1894 , it must take actual possession of the land since all interests ... actual possession of the land. How such possession may be taken would depend on the nature of the land. Such possession would have
whereby, on paper, it had
taken possession. It is submitted that as such, the physical possession of
the land was never taken by the respondent ... whereby, on paper, it had
taken possession. It is submitted that as such, the physical possession of
the land was never taken by the respondent
hardship' caused to land owners whose land was declared surplus but still continued to maintain physical possession over it. In other words ... possession' or 'vesting of possession' under Section 10(3) of the Act. Hence 'defacto physical possession' of surplus land
uses the words "physical possession". The word "physical possession" means personal and immediate possession. "Physical possession" has been defined ... Physical possession thus has to be actual possession. The object is that when the State has not taken physical possession i.e. actual possession even
Land Acquisition Officer from the land owners. So, in the absence of any material to show that the physical possession of the land was taken ... taking of the possession of the subject land by the 4th respondent ie., the Land Acquisition Officer, from the land owners under section
