In the present case, admittedly, there is neither any acquisition proceedings nor any transfer of rights by the appellants by way of sale, gift or otherwise. What is being alleged is that it was a voluntarily surrender of rights for no consideration. This is the stand taken by Panchayat / Municipality. If the Panchayat / Municipality is taking this stand, the burden would be on the Panchayat / Municipality to establish such voluntary surrender. A memorandum or an agreement or a written document ought to have been executed by the appellants stating their free will to surrender for no consideration in favour of the Panchayat / Municipality. {Para 12}
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO(s). 3189 OF 2022
KALYANI (DEAD) THROUGH LRS. & ORS. Vs THE SULTHAN BATHERY MUNICIPALITY & ORS.
Coram: DINESH MAHESHWARI; VIKRAM NATH, JJ.
Author: VIKRAM NATH, J.
Dated: April 26, 2022
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