absolute vesting occurred. It is an indefeasible right and vesting is with possession thereafter. The vesting specified under Section 16, takes place after various steps, such as, notification under Section 4, declaration under Section 6, notice under Section 9, award under Section 11 and then possession. The statutory provision of vesting of property absolutely free from all encumbrances has to be accorded full effect. Not only the possession vests in the State but all other encumbrances are also removed forthwith. The title of the landholder ceases and the state becomes the absolute owner and in possession of the property. Thereafter there is no control of the landowner over the property. He cannot have any animus to take the property and to control it. Even if he has retained the possession or otherwise trespassed upon it after possession has been taken by the State, he is a trespasser and such possession of trespasser enures for his benefit and on behalf of the owner.” (emphasis supplied) 21. Keeping in view the above enunciation of law by Hon’ble the Supreme Court in Indore Development Authority’s case (supra) , in the case in hand on the undisputed facts on record it can safely be opined that in the present case the acquisition proceedings stood completed. The award was announced, the compensation was received by petitioners, hence the land vested in the State with possession, free from all encumbrance. In case, the petitioners have raised any construction, they are the trespassers and are to be dealt with as such. Once the possession of the land already stood vested in the State, no question arises for invocation of Section 48 of 1894 Act.
