Acquired land is still not used
Aman
(Querist) 29 May 2017
This query is : Resolved
A Corner 10 acres of Land was acquired for the public purpose ( for making hotel ) under section 4 in 1981 and compensation was awarded to the 5 land owners but they have taken the award under protest in 1982. Government has given the land to a Private company. A little part of the land was constructed while the rest was vacant but the M.D. of the company was died after 7 years of possesion. So the said business was stopped for many years and than a steel business man purchase the company and stopped hotel business and had taken CLU ( Change of Land Use ) in 1994 near about half of the land acquired from the back of the corner side, for a factory of Steel Rolling Mill which was run only for 4 years. Now the land is still vacant from 21 years. And even more the company Director has given 35 feet wide road as a way to an unauthorized private colony from the left side.
So, the land is not used for said purpose as written in section 4.
Only 2 land owner file a civil writ a petition in 1994. And after 6 years, when company's counsel see that only 2 of 5 owners were demanding 1.33 out 10 acres while the judgement was going towards lapsing the whole 10 acres acquistion, they made a compromise on 29 Aug 2000 -:
That ' COUNSEL FOR THE PARTIES STATE THAT WITHOUT INTENDING TO CREATE ANY PRECEDENT, THEY HAVE SETTLED THE DISPUTE BY MUTUAL COMPROMISE. COMPANY'S COUNSEL STATE THAT LAND MEASURING 1.33 ACRES OUT OF 10 ACRES IN THEIR POSSESSION SHALL BE GIVEN TO THE PETITIONERS. AND THE PETITIONERS SHALL REFUND THE AMOUNT OF COMPENSATION ALONG WITH INTEREST @ 15 % PER ANNUM ( SIMPLE AND NOT COMPOUND ). THE HANDLING OVER OF POSSESSION AND THE PAYMENT OF MONEY SHALL BE SIMULTANEOUS. '
Actually, the petitioners land falls on the main road when the total 10 acres of land was acquired and than company was giving a asymmetrical land from the back side which is not of the petitioners. Where as the petitioners are ready to refund the payment with interest. So again owners filed a CM with COCP in 2001 for writ petition which was decided in 2012, that nothing is mention in the compromise about the land and dismissing COCP that company was ready to give the land. So the compromise is still not implemented from 2000.
So now The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 is implemented from 1.1.14. Is this act is retrospective which helps land owners to get their original land back or is it right way that petitioners will take other land instead of their own. If a map is need it will also be send, my number is 94172-52552.
Guest
(Expert) 29 May 2017
Article 136 of the Limitation Act provided A Time Limit of 12 years for Executing the Orders.
Guest
(Expert) 29 May 2017
Please Consult and Discuss with A Local Good Senior Advocate with all Details and Proceed
Guest
(Expert) 29 May 2017
Study is required in this matter with examination of documents
reason - this 2013 Act have kept some loop holes for backdoor entry of various land acquisition act 1894 matter.
Additionally in 1894 Act their was restriction of transfer of land by companies when it was acquired under the land acquisition act and given to them by collector
Additionally Company is separate entity although all (Many) companies are controlled by some individual still company is separate entity
See I will explain queries which are raised by individual in such forums are tinny but your query require deep professional study
Guest
(Expert) 29 May 2017
Agree with Mr.RK Goyal
Guest
(Expert) 29 May 2017
Well Advised
Aman
(Querist) 01 June 2017
Dear Advocate Madhu, a very well thank for your consulatation . Would u please give me ur contact so that I can consult more with you. Actualy we are on a decision with him but I have read in the convenyance deed of company with government and company has restriction of transfer of land, so please give us some time to consult with u on this matter.
