right to use the property guaranteed under Article 300A of the Constitution of India

Manubhai Sendhabhai Bharwad Vs Oil And Natural Gas Corporation Ltd. | Section 35 Land Acquisition Act 1894 | Temporary Acquisition | Article 300A Constitution | Right to Property | CA 472 Of 2023 | 20 Jan 2023 | Justices M R Shah And C T Ravikumar | Approximately 26 years have passed and still the land in question is under temporary acquisition by the ONGC. If the land is continued to be under temporary acquisition for number of years, meaning and purpose of temporary acquisition would lose its significance. Temporary acquisition cannot be continued for approximately 20 to 25 years. It cannot be disputed that once the land is under temporary acquisition and the same is being used by the ONGC for oil exploration, it may not be possible for the landowners to use the land; to cultivate the same and/or to deal with the same in any manner. To continue with the temporary acquisition for number of years would be arbitrary and can be said to be 9 infringing the right to use the property guaranteed under Article 300A of the Constitution of India. Even to continue with the temporary acquisition for a longer period can be said to be unreasonable, infringing the rights of the landowners to deal with and/or use the land