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Land acquisition

(Querist) 19 April 2014 This query is : Resolved 
A Land was acquired for the public purpose ( for making hotel ) under section 4 and compensation was awarded to the land owners and land owners have taken the award under protest. And now the same land is still vacant. A little part of the land is constructed and said business is not working for many years. Moreover,the private party to whom the land was given by the government has taken CLU ( Change of Land Use ) near about half of the land acquired, for a factory of Rolling Mill.
So, the land is not used for said purpose as written in section 4. Now, what law will be aplied for this matter, is it means the land will be returned to the original land owners and the owners will return the payment with interest or the land will be used for some other purpose decided by the government.

The land owner has taken money under protest and writ a petition under civil suit. The total 10 acres land acquired, was of 20-22 owners, out of which only 1 owner has a High Court petition. And have a compromise with the private party to whom the land was given by government. That ' Counsel for the parties state that without intending to create any precedent, they have settled the dispute by mutual compromise. Private party councel state that land measuring 1.33 acres out of the land ( 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 compund ). The handling over of possession and the payment of money shall be simultaneous. '
Actual, the petitoners land falls on the main road when the total 10 acres of land was acquired and now private party is giving asymmetrical land from the back side which is not of the petitoners. Where as the petitoners are ready to refund the payment with interest. So, how and which law will be applicated so that petitioners will get their original land.
Devajyoti Barman (Expert) 20 April 2014
Writ petition praying for cancellation of land acquisition for non-user of land is only remedy.
P. Venu (Expert) 20 April 2014
In such cases in the past, the affected persons were denied any relief. It has been the consistent stand of the Courts, Supreme Court included, that once the award is declared and possession taken, the land vests absolutely in the Government free from all encumbrances, by virtue of Section 16 of the LA Act.

However, there is a ray of hope because the Right to Fair Compensation and Transparency in land Acquisition, Rehabilitation and Settlement Act, 2013 esp. provisions of Section 99, 101 and 102.
T. Kalaiselvan, Advocate (Expert) 21 April 2014
Well advised by expert Mr. Venu on the subject.He has suggested a hint about how to initiate further steps, however as Mr. barman opined, you may go for writ petition seeking the desired relief. Now choice is yours or you may consult your lawyer for further necessary steps on the issue.
bhagwat patil (Expert) 24 April 2014
The govt cannot change the purpose of the aquired land. In 2011 Supreme Court decided in Archid hotel case. The state govt should take the possession of the land and restore to the original owner,if he is not willing it should be disposed as per LR code of the state.


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