Land acquisition
Akash
(Querist) 07 January 2018
This query is : Resolved
Sir
I have purchased a 1 acer land in 2015 after looking all the land records for past 10 years. And tell now the land record's are in my name and also possession of is with me.
But now I came to know that 4 acre + land was acquired by Local authority in 1969 the award is also done. But than any land owners have not taken any compensation amount since then. And till date they have not executed the project for which the acquisition was made 46 years before.
And most of the land the land owners have built their home's taking all permission from local authorities.
Now what should I do.?
Vijay Raj Mahajan
(Expert) 08 January 2018
This being disputed land and as per various Courts rulings in previous such cases the government/authorities acquired lands which as in possession of general public can be got evicted by paying nominal compensation as per rules regarding this. The courts have empowered government's/authorities both of different states and central to get back the land by all means.
Best it will be if you are not using the present land for building any property/house etc. sell it out at market price which will be better than the price of compensation the government will give you.
Akash
(Querist) 08 January 2018
The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (also Land Acquisition Act, 2013) is an Act.
Can we get cancelled the acquisition using this act. As it has done before.
If compensation not paid to owner, land acquisition not valid�, says Supreme Court.
In alandmark judgment delivered by the Supreme Court in Pune Municipal Corporation & Anr. v. Harakchand Misirimal Solanki & Ors., it has been held that the acquisition would be deemed to have lapsed and would be covered under the 2013 law entitling the landowners to higher compensation, if compensation for land acquired under the 1894 Act has not been paid to the land owner or deposited with a competent court and retained in the treasury....
Read more at: http://www.livelaw.in/compensation-paid-owner-land-acquisition-valid-says-supreme-court/
P. Venu
(Expert) 08 January 2018
The acquisition proceedings have lapsed if the award had not been duly implemented.
Akash
(Querist) 10 January 2018
But sir I'm have purchased the land and the award was in the name of the old owner.
So what should I do now?
Akash
(Querist) 10 January 2018
I should go to the court or the old owner?
