Citation Relevant Proposition

Paragraphs

Dual ownership recognized.

2017 SCC OnLine SC 1145
33 to 56
State of Maharastra & Ors
V/s
Reliance Industries Ltd. & Ors.
Para.33
“When flats can be sold independently,
obviously they can be acquired also. As
all the rights in the floor are being
acquired and the land beneath it need not
be acquired more so it belongs to the
Government there can be valid acquisition
of such floors independently without
Land”.

Para.41

“The Government claimed ownership of

the land on which there stood buildings
belonging to the claimants, and it was held
that the Government was bound to acquire
and pay only for the superstructure, as it
was already the owner of the site”.

and

"It is, in my opinion, clear that the Act

does not contemplate or provide for the
acquisition of any interest which already
belongs to Government in land which is
being acquired under the Act, but only for
the acquisition of such interests in the land
as do not already belong to the
Government".

Para.42

“In the said factual matrix this court has

laid down that the Act is silent as to the
acquisition of partial interests in the land
but it cannot be inferred therefrom that
interest in the land is restricted because of
the existence of rights of the State in the
land cannot be acquired. Where the
interest of the owner is clogged by the
right of the State, the compensation
payable is only the market value of that
interest subject to the clog.”
 and

“Where the land is owned by a single

person, the entire market value payable
for deprivation of
the ownership is payable to that person: if
the interest is divided, for instance, where
it belongs to several persons, or where
there is a mortgage or a lease outstanding
on the land, or the land belongs to one and
a house thereon to another, or limited
interests in the land are vested in different
persons, apportionment of compensation
is contemplated”.

Para.49

“where part of building that too a

multistoried building is being acquired,
the land need not be acquired more so
when the owner of building is not the
owner of land and his entire interest in
part of building can be acquired.”

1989 SCC OnLine Mad 273 Para.64

61 to 64
Park View Enterprises “They also succeed in the contention that
V/s ownership in land and ownership in
State Government of Tamil Nadu & superstructure could be with different
Ors. persons; provided there is a legal
relationship existing between them as
parties to a contract.”

Dual Ownership can exist based on the above-mentioned judgements. When the land is
owned by a person, the building on the same can be owned by a different owner. The same
can be applied in the in the event when the land is owned by the Government, the other rights
and interests (i.e. Buildings) of the same land can be owned by a different person.

Respected ma’am,

I want to thank you and JSA for giving me this excellent opportunity to learn from one of the
best firms in India. I also want to personally thank you for teaching the important lessons and
guiding me for the past month with your expertise, ma’am. I also want to thank you for
helping me in correcting my mistakes which I may have committed in the past month, and I
am sure that all such corrections and advice will be put to use in both my career and life for
the long run, for which I am ever obligated to. Expecting your blessings and further guidance
in both my career and life, ma’am.

Thanking you

Arun Jaganathan. H