La act query under section 30,kindly advice
AMITS
(Querist) 01 August 2014
This query is : Resolved
DEAR ALL LEARNED LAWYERS ON THIS FORUM,KINDLY PROVIDE YOUR VALUABLE INPUTS OVER LA ACT SECTION 30 PROVISION.
THE MATTER IS CONCERNED WITH AGRICULTURAL LAND IN JAIPUR WHICH WAS PURCHASED BY MOTHER JAYA DEVI 1961,LATER IT WAS ACQUIRED BY RAJSTHAN HOUSING BOARD A GOVT CORPORATION, NOTICE ETC WE SERVED IN 1986 AND POSSESSION WAS TAKEN IN 1994,JAYA DEVI DIED MUCH BEFORE IN 1977 AFTER HER HUSBAND(LEFT BEHIND 9 CHILDREN 4BOYS AND 5 GIRLS),NOW MUTATION IN REVENUE RECORDS DONE IN NAME OF 4 BROTHERS AS HER SUCCESSORS IN 1977 ONLY, LATER IN 1994 ONE OF SISTER TULIKA DEVI WENT TO THE RAJSTHAN HOUSING BOARD CLAIMING HER SHARE,IN COMPENSATION THAT WAS TO BE GIVEN IN LIEU OF LAND ACQUIRED, APART FROM THIS SHE ALSO FILED "TAKASMA" CLAIM IN LOWER COURT FOR CLAIMING OTHER PROPERTY AS WELL, DUE TO ADMINISTRATIVE PROCESS DELAY THE COMPENSATION WAS NOT GIVEN TILL DATE NOW , THE RAJ. BOARD AUTHORITIES DECIDED TO MAKE TWO "PATTAS"OF 8/9 AND 1/9 SHARE AND DECIDED TO RESERVE 1/9 SUBJECT TO FINAL OUTCOME OF COURT REGARDING APPORTIONMENT OF COMPENSATION, NOW THIS SISTER HAS FILED AN APPLICATION FOR REFERRING CASE TO COURT FOR DECIDING HER SHARE BY MAKING A REFERENCE APPLICATION TO LAND ACQUISITION OFFICER UNDER SECTION 30 OF LA ACT , WHAT COULD BE THE POSSIBLE OUTCOME OFTHIS EVENT, LAO HAS ISSUED SUMMONS TO THE (4 BROTHERS) NOW I JUST WANTED TO KNOW WHETHER TO REFER A CASE
TO APPROPRIATE AUTHORITY IS A COMPULSION OF
LAND ACQUISITION OFFICER,AS HE CAN NOT BE A DECIDING AUTHORITY (HE IS NOT A JUDGE) OR HE CAN TURN DOWN THE APPLICATION FOR REFERENCE BY THE SISTER JAYA DEVI....WHAT ALL OPTIONS ARE AVAILABLE BEFORE LAO IN THIS REGARD?
IF AT ALL IT HAPPENS THAT LAO TURN DOWN REQUEST OF REFERENCE OF SISTER JAYA DEVI , THEN WHAT ALL OPTION ARE AVAILABLE TO HER ,BESIDES FILING AN PETITION FOR STAY UNTIL HER SHARE IS DECIDE ! AND CAN HIGH COURT IN CASE IF IT HAPPENS, CAN GIVE STAY OVER WHOLE LAND UNTILL ISSUE IS RESIOLVED OR THE HIGH COURT WILL ONLY GRANT STAY OVER 1/9 SHARE . KINDLY PROVIDE YOUR VALUABLE INPUTS!
R.K Nanda
(Expert) 01 August 2014
consult local lawyer.
Rajendra K Goyal
(Expert) 02 August 2014
Consult local lawyer and show him all the documents and case file.
T. Kalaiselvan, Advocate
(Expert) 03 August 2014
Yes, a local lawyer conversant with the issues discussed by you will be a better person to give a proper opinion to your query as well s to clarify any further queries that may arise after that.
