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Dalsukhbhai Bachubhai Satasia and Ors. v. State of Gujarat and Ors.

Not available · 2026 INSC 21Decided 6 Jan 2026
Not available
Justice B.V. Nagarathna · Justice R. Mahadevan

Background

Long-time occupants of land declared "excess" under the Urban Land Ceiling Act were denied NOCs because the government claimed the land had already vested in it, despite never having served the required notice on the actual occupants (only the paper owner).

Decision Breakdown

The Supreme Court held physical possession never lawfully passed since no proper notice was served on the occupants, so under the Repeal Act the acquisition automatically lapsed: the occupants never lost possession and were entitled to their NOCs.

Lesson Learnt

Simply being recorded as "excess land" doesn't automatically transfer legal possession: the government must serve the actual occupant with proper notice before claiming possession.

Official source (sci.gov.in)View Judgment (PDF)

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