Land acquisition rehabilitation and resettlement
Amanpreet Singh
(Querist) 20 April 2014
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 land owners and land owners have taken the award under protest. Government has given the land to a Private Party. And now the same land is still vacant from 33 years. A little part of the land is constructed and said business is not working for many years. The M.D. of the private party was died after 7 years of acquirement. And then a steel business man purchase the major shares of the private concern and stopped hotel business. Moreover, the private party to whom the land was given by the government has 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 is still running. And also from the left side, private party has given 35 feet wide road as a way to an other unauthorized private colony plots.
So, the land is not used for said purpose as written in section 4 or can say it is unused from front side of 10 acres.
The land owner had taken money under protest in 1982 and writ a petition under civil suit in 1994. The total 10 acres land acquired, was of 20-22 owners, out of which only 1 owner ( yet confirmed ) has a High Court petition. And after 6 years of writ in Aug, 2000 they 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 COUNSEL 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 COMPOUND ). THE HANDLING OVER OF POSSESSION AND THE PAYMENT OF MONEY SHALL BE SIMULTANEOUS. '
Actual, the petitioners 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 before the rolling mill which is not of the petitioners. Where as the petitioners are ready to refund the payment with interest.
Again CM was filled in 2001 for writ petition on 1996 which was decided in 2012, that nothing is mention in the compromise about the land.
So, how and which law will be implicated so that petitioners will get their original land or is it right way that petitioners will take other land instead of their own.
