residential piece of kand/plot acquired at my back.
Dr Sangh Mittra
(Querist) 28 August 2012
This query is : Resolved
Sir,
Since no Expert has so far answered by humble query as to
whether a boundary wall constructed by me to enclose my Plot is structure in the meaning of the word.
http://www.lawyersclubindia.com/experts/Land-acquisition-act-1894-is-boundary-wall-constructed-over-my-land-a-structure--333296.asp#.UDxs6MHiZ8w
I ,humbly reframe, to solicit urgent help, the question with elaboration to seek Experts' kind help with case law if any.
I had purchased a Plot in 1989 in an area which falls in the municipal limits of a town.
The purchase of the Plot was registered with the sub registrar of the Revenue Department.
After 18 years of my uninterrupted and peaceful possession of the plot, the Urban Development Authority issued a Public Notice under Section 4 of the LA Act.
Since I was serving the Armed Forces , away from the area of my Plot, I never came to know So I could not file objections under Section 5A of the Act.
Another Notice under Section 6 was issued of the declaration but I never came to know as I was serving away from the State boundaries.
I was never informed under Section 9(4) of the Land Acquisition Act 1894 even at my Lat known address available in the revenue records.
An Award got passed. I never came to know. And no intimation was given to me under Section 12(2) of the Act.
It is only after my retirement in 2010 that when I reached the Plot to see it I came to know that It had been acquired.
I kept writing to the State Authorities to confirm if my Plot had been acquired and if so requesting its exemption.
After Two years in June 2012, I got a Letter in which a letter of the Land Acquisition Officer addressed to the Collector was enclosed. The letter of the Land Acquisition Officer informed the Collector that my Plot formed part of the acquired Land , acquired under Section 4, 6 and Award had been passed in August 2010 ,lying unclaimed.
The said letter stated that my Plot was found vacant and only DPC was found to have been done on the Plot.
15 plots who had partially built or fully made houses had been spared by the Acquisition Authorities.
One person who owns the plot just adjacent to that of mine, and who was staying thereon approached the High Court . The High Court quashed the Notification and Award qua his land.
I wish to file a Petition should I do it in High Court or can I do so in the Supreme Court of India ( who is already siezed of the issue of illegal acquisition proceedings and has recently in April 2012 observed " we are prima facie of the view that the whole acquisition proceedings deserve to be quashed". This case is pending and the Respondents have hired countr's Topmost two Lawyers along with battery of Lawyers.
Please advise. Can I take one amongst the grounds that even my Plot had a boundary wall which is a structure , can be called partially built? The Land Acquisition Collector had called it DPC. Dpc I have read is the most important part of the building.
Your kind help and support is solicited. I am also a registered Advocate who has not learnt much in life and your help and advice can help me get back my plot to settle down in the evening of my life as I have been staying only on rent after retirement from services of the union of India.
Regards,
Dr S Mittra
ajay sethi
(Expert) 28 August 2012
tyou have to move high court challenge the award . the fact that in identical case notification for acquistion has been quashed will help your case .
ask your neighbour for help . contact the same lawyer who fught his case
