I am handling strange case , regarding excesse of jurdiction , destruction of imp. documents , concealment of wrong order.
Background of case
1) Govt. was owner of Land it gave on lease for 50 years a land to some family
2) Lease period of land was over
3) After that Municipal corporation wanted little area for road windening
Standard Procedure
1) Local govt should approach Dist collector for allotment of land
2) Since Govt. is owner of land it should transfer the matter to revenue dept.
3) Revenue Dept. should check records , and take steps by removing enchrochment if any
4) If lease of land then they should check lease deed and take necessary steps.
5) Land Acquisition Act --- Supreme Court have held , When Govt. is owner of land , Land can not be acquired under provision of land acquisition act
6) If some one had taken stand they are owner and govt. is not owner then either party should have started eqnuiry of title of state in land under MLRC 20 (2) if govt. was not owner then all remarks of govt. land should be removed and then transfer matter to Collector to start proceeding under Land Acquisition Act
What they did
1) Collector without looking at file gave declaration u/s 4 of Land acquisition act as if it is private land
2) U/S 6 again Collector gave declaratio that land was intended to be acquired and handed over to local govt. for road windening
3) Land Acquisition officer conducted enquiry whether it was govt land or pvt land under provision of Land Acquisitio act. (In my best legal knowledge he was not supposed to conduct such enquiry because such enquiry have to be conducted under land revenue code by different officer)
4) Land acquisition officer held after although it is govt land on record still in his opinion this is not govt land hence he is giving compensation
5) Compensation paid to individuals (thus all proceeding over)
After that New officer came to office
1) He saw this instead of reporting whole thing he just wrote a letter , one proceeding of govt. land has entered office and it should be withdrawn
2) That survey no. proceeding withdrawn
3) Regarding award copy of land acquistion act either they destroyed the award copy or misplaced the copy
Legal Scenerio
1) This thing happened 40 years back and detected now.
2) Supreme court have held - Award of Land Acquisition is binding on state and it can be quashed aside only if there is fraud frogery done by its officer
3) No quashing took place they just destroyed papers /concealed
4) Since it was not referred to judiary Principle of natural justice was not followed with citizen and oppression done thus their rights violated
Now what should be done
1) Whether people who are leassee on land record can claim on basis of land acquisition award that they are owner and since compensaion paid decree executed. and for 40 years nothing done.
2) How should this case move ahead
