Encumbrance, the word 'encumbrance' in this section can only mean interests in respect of which a compensation was made under s. 11, or could have been claimed. It cannot include the right or the Government to levy assessment on the lands, Collector of Bombay v. Nusserwanji Rattanji Mistri, AIR 1955 SC 298: (1955) 1 SCR 1311. [Land Acquisition Act, (10 of 1894), s. 16]
Means a burden of charge upon property, Magaram v. B.O.R., AIR 1990 Raj 90.
encumbrance means a burden or charge upon property or claim or lien upon an estate or on the land. 'Encumber' means burden of legal liability on property, and, therefore, when there is encumbrance on a land, it constitutes a burden on the title which diminishes the value of the land, State of Himachal Pradesh v. Tarsem Singh, (2001) 8 SCC 104: AIR 2001 SC 3431 (3434). [Himachal Pradesh Village Common Lands Vesting and Utilization Act, 1973 (18 of 1974), s. 3]
Encumbrance, means a liability which burdens the property, for ex-lease mortgage, easement restriction, covenant, rent charge etc., Business India Builders & Developers Ltd. v. Union Bank of India, AIR 2007 Ker 114.
A claim or liability that is attached to property or some other right and that may be lessen its value, Black's Law Dictionary, 7th Edn., p. 547.
Encumbrance, has to be read in the sense of a legal encumbrance like a lease or a mortgage and a mere trespasser cannot be elevated to the position of an encumbrance in the context of the statute, Mange Ram v. Financial Commissioner, (2003) 2 SCC 1.
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