Government acquired land 10 years ago but didnt do anything
Querist :
Anonymous
(Querist) 08 June 2018
This query is : Resolved
*It is a Case of Haryana
If the Government acquired the land and do nothing with it for the next 10 years. Then is there any provision to give the land back to the owner. If yes, Please share ruiling or citation.
Vijay Raj Mahajan
(Expert) 08 June 2018
The land already acquired by government for which compensation was duly paid to the owner cannot be claimed back on the ground of not being used for the purpose it was acquired.
The fundamental right of property was abolished long back in the Constitution and otherwise too once the owner sell the property owned by him cannot claim it back, although he can always buy it back by paying market price if the present owner of the property agree to sell it.
Here the buying back the property from government may be possible if the government so agrees to do so.
Kumar Doab
(Expert) 08 June 2018
Pls post with your ID and not as AQ and you can get many replies.
Your ID does not mean your email id or phone number and don’t post these also.
Kumar Doab
(Expert) 08 June 2018
IT shall always be appropriate to get proper legal opinion from a very able LOCAL senior counsel of unshakable repute and integrity specializing in such/civil matters and well versed with LOCAL applicable rules/laws/precedence's that apply and having successful track record…. and worth his/her salt..by showing matter related docs and giving inputs in person…..
Thus unnecessary complications, misunderstandings can be avoided.
Kumar Doab
(Expert) 08 June 2018
In the meantime you may go thru;
47. After having taken into consideration the overall emergence of the factual profile from the record of this Group of Petitions under Article 226 of the Constitution of India; the underlined design and desideratum and statutory mechanism in the Act for the acquisition of land for the Public Purpose; the purpose and the object of the provisions of paragraph 328 of the Manual read with Circular, dated 31-08-2001; and the rival submissions coupled with the jurisprudential exposition of propositions of the law, relating to the land acquisition and re-grant discussed earlier, we are of the clear opinion that the entire set of petitions, voicing grievance and raising and claiming for re-grant or restitution of the acquired lands by the erstwhile owners, is without any merits and substance, whatsoever, as the same is not enforceable being de-hors the clear provision of Section 17-A of the Act applicable to the State of Gujarat. We are, therefore, left with no alternative but to raise our hands in helplessness and to reject the entire Group of Petitions, being totally devoid of any force of law and facts, leaving the parties to bear their own costs. All these petitions shall stand dismissed accordingly. Notice shall stand discharged in each petition.
48. At this stage, Mr.Yatin N.Oza and Mr.S.N.Sanjanwala, learned Senior Counsels, appearing for the petitioners, have requested to direct respondents to maintain `status quo' for a period of eight weeks so as to enable the petitioners to avail further remedy against our decision. Such a request is, strongly, countenanced by learned Assistant Government Pleader, Mrs.Manisha LavKumar Shah and learned Advocate, Mr.P.G.Desai, appearing on behalf of the respondents.
49. In our view, after having considered the entire purpose and philosophy of the Act, as well as, the factual profile and having noticed the matters being, totally, meritless and the erstwhile owners of the acquired lands having no any legal right, title or interest, We do not deem it necessary or expedient, in the larger interest of justice, to accede to the request made on behalf of the petitioners for stay or interim order. The same, therefore, shall stand rejected.
Gujarat High Court
Sanmukhbhai Bhikhabhai Patel And ... vs State Of Gujarat And Ors. on 28 October, 2004
Equivalent citations: (2005) 1 GLR 338
Author: J Bhatt
Bench: J Bhatt, A Kapadia
Kumar Doab
(Expert) 08 June 2018
And
Supreme Court of India
Uddar Gagan Properties Ltd vs Sant Singh & Ors on 13 May, 2016
Author: ………………………………………………..J.
Bench: Anil R. Dave, Adarsh Kumar Goel
https://indiankanoon.org/doc/187587126/
1. Leave granted. Principal question which has fallen for consideration is whether the power of the State to acquire land for a public purpose has been used in the present case to facilitate transfer of title of the land of original owners to a private builder to advance the business interest of the said builder which is not legally permissible. Further question is whether on admitted facts, the acquisition of land is entirely or partly for a private company without following the statutory procedure for the said purpose. Further question is how in the facts and circumstances relief could be moulded.
16. Reliance on Policy dated 6th March, 2000 is misconceived. The subject of the said document is :
“Release of and from acquisition owned/ purchased by the developers before the issue of notification under Section – 4 of the Land Acquisition Act, 1894 but submitted application for grant of permission for change of land use for starred hotels/ licence for setting up of residential colonies thereafter.” (emphasis added)
17. Thus, the policy is applicable only to release of such land from acquisition as is owned/ purchased by the developers before the issue of notification under Section 4 of the Land Acquisition Act, 1894. This condition was required to be strictly complied with and no person other than original owners prior to acquisition could directly or indirectly avail of the said policy. Even a bona fide error could not justify a patent illegality. In the present case, it is undisputed case of the builder itself that it did not have even an inch of land before the notification in question.
27. As already observed, the power to release land from acquisition has to be exercised consistent with the doctrine of public trust and not arbitrarily. Functioning of a democratic government demands equality and non-arbitrariness. Rule of law is the foundation of a democratic society. [19]
28. However, having regard to the irreversible situation which has been brought about, though in normal circumstances land may have reverted to land owners, the relief will have to be moulded .
https://indiankanoon.org/doc/1909726/
Kumar Doab
(Expert) 08 June 2018
And relate your matter..
Ms.Usha Kapoor
(Expert) 09 June 2018
The Government acquired your land and paid compensation to you. If the Government didn't use the land for any purpose all these 10 years you can request the govt to return the land for a price at market rate. You can buy back the land.
K Rajasekharan
(Expert) 09 June 2018
The Supreme Court says invoking the urgency clause of land acquisition without proper justification is deprivation of the citizen's fundamental right guaranteed under the Constitution.
The court, in a judgement in Darshan Lal Nagpal & Ors vs Govt.Of Nct Of Delhi & Ors delivered on 3 January, 2012, says the government cannot compulsorily acquire private properties by casually invoking the "urgency clause" unless there was a genuine need which cannot brook any delay. The invoking of the urgency provisions can be justified only if there exists real emergency which cannot brook delay of even few weeks or months
Querist :
Anonymous
(Querist) 09 June 2018
Ms. Usha Kapoor.
Ma'am,
Your replies seems logical but I am here for legal responses... My query is in regard of any amendments or any citation in section 24 of land acquisition act.
