INDIAN LADY
21 March 2014 at 20:56
Sir , My husband filed HMA13 in Patiala (Punjab ) against 125 from my side in Amritsar. Before receiving summons from Patiala court I moved the application HC to transfer the HMA 13 in Amritsar. Which is allowed by HC due to non appearance of my husband in HC even after serving the summons to him. 2 months hv passed and case is still in Patiala with reason AWAITING FOR ORDER. Now my query is as case is still in Patiala but transfer is allowed by HC , so can I move the application of HMA 24 ? I want to mention that I hv been awarded interim in 125 along with my minor son and and I m abt to move for execution . Kindly advise
Ravi Chand Garg
21 March 2014 at 19:28
A very important clause in the Draft Rules dated 14.10.13 was clause 23 for clarifications on Retrospective operation of the Act, and is reproduced below:-
.
Land Acquisition Act 2013 has been Notified and is in force from 1.1.14
This act contains a Section 24 ( Reproduced below) on the retrospective application of the act. As per section 24 (2) highlighted in yellow
Retrospective Application of the Act
Section 24 (1) Not withstanding anything contained in this Act. in any case of land acquisition proceedings initiated under the Land Acquisition Act. 1894,-
(a) where no award under section 11 of the said Land Acquisition Act has been made, then, all provisions of this Act relating to the determination of compensation shall apply; or
(b) where an award under said section 11 has been made, then such proceedings shall continue under the provisions of the said Land Acquisition Act, as if the said Act has not been repealed.
(2) Notwithstanding anything contained in sub-section (1) in case of land acquisition proceedings initiated under the Land Acquisition Act. 1894, where an award under the said section 11 has been made five years or more prior to the commencement of this Act but the physical possession of the land has not been taken or the compensation has not been paid the said proceedings shall be deemed to have lapsed and the appropriate Government, if it so chooses, shall initiate the proceedings of such land acquisition afresh in accordance with the provisions of this Act:
Provided that where an award has been made and compensation in respect of a majority of land holdings has not been deposited in the account of the beneficiaries, then, all beneficiaries specified in the notification for acquisition under section 4 of the said Land Acquisition Act, shall be entitled to compensation in accordance with the provisions of this Act.
But a view has been expressed that Land Acquiring Authority may take the plea that since there was a stay on Dispossession ( which is the case in most cases under litigation) they could take possession and so could not pay compensation. This Point was also clarified in clause 24 (3) of The Draft Rules for Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act were put in public domain on 14.10.13 for comments and discussions which is reproduced below. According to this the period of litigation shall also be included in calculating the period of 5 years
23. Retrospective operation ( Draft Rules dated 14.10.13)
(1) The retrospective operation of the Act as prescribed in Section 24 of the Act will be deemed to have come into operation on and from the date on which the new law is Notified in the Official Gazette.
(2) Where acquisitions have been initiated under the Land Acquisition Act 1894 and the parties under acquisition have either not accepted compensation or have not released the physical possession of the land but do not qualify for the benefits of the Act as given in sub-section 2 of section 24 due to the fact that they have remained pending for a period of less than five years then the new law shall apply only if the situation of pendency continues unchanged for a period that equals to or exceeds five years;
(3) Where the possession has not been taken due to the fact that the acquisition process has been challenged in a court of law then the period spent under litigation shall also be counted for the purpose of determining whether the period of five years has been crossed or not;
The Govt published Gazette notification dated 31.12.13 of Draft Rules for Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act
This clause along with many other clauses has not been included in Gazette notification dated 31.12.13 of Draft Rules for Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act.
I contacted some officials in the Ministry of Rural Development, and I was informed that Draft Rules of 14.10. 2013 have been Dropped and will not be persued by the Govt.
Supreme Court has given two judgments upholding the operation of the retrospective clause. But in one case
Pune Municipal Corporation & Anr. … Appellants
Versus
Harakchand Misirimal Solanki & Ors. … Respondents
Judgment dated 24.1.14
Pune municipal council had taken possession but not paid compensation.
In the other case
Petitioner BHARAT KUMAR
Vs.
Respondent STATE OF HARYANA & ANR. Judgment dated 4.2.14
it is not clear from the Judgment Whether there was a stay of Dispossession
I have two cases pending in court where there is stay of dispassion and compensation has not been paid.
I want expert opinion whether in case where there is stay of dispossession and compensation has not been paid and more than 5 years have passed from date of Award, the acquisition is deemed to have lapsed.
Ravi Chand Gag
Haresh N R
21 March 2014 at 19:02
Are both Completion Certificate and Occupation Certificate required in Nasik or is Completion Certificate itself sufficient for the Builder to hand over the possession of the flats to the Purchasers
somesh
21 March 2014 at 18:50
Dear Expert
I want to know who gives the permission to bank to auction the property of the liable person in navi mumbai and what is the procedure to know whether this permission is granted or not?
The property is mortgaged against NPA CC A/c with bank.
Please let me know
Srinivasan
21 March 2014 at 17:48
Please Clarify,
PIO can be Trustee of Indian Trust.
The said PO never came to India. But parents and grand parents of PIO born in India and still living in India only.
Thanks in advance....
R.Ramesh
21 March 2014 at 17:36
Good Evening Sir,
As per current existing law in private sector Leave Encashment ,Bonus and Gratuity for employees whether it should be paid on Gross salary or Basic Salary. Thanking you
Advocate Suneel Moudgil
21 March 2014 at 17:32
P filed a suit for recovery, defendant produced a cash voucher without revenue stamp of disputed amount. Plaintiff and defendant had business relatiins, All payements were made by cheque, except disputed amount, Case is in argument , any relevant citation, please suggest. Thanks in advance
Darshan
21 March 2014 at 17:21
My wife left me and now she is not ready for divorce as well as not ready for come back. wht shd I do?
Shivshang
21 March 2014 at 17:14
Dear All,
I would want to know as to how much time, on an average, would it take for final hearing once the first appeal is admitted when suit was filed u/s 351?
Thank you, awaiting your response :)
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Will probate
i am from chennai,
my mother wrote a will on 2000 and registered. she died on 2002, me and my mother has been living in this house for about 50 years. she is the sole owner of the property. she had given me general power and i have been looking after her and her property paying her medical bills, debts, taxes, funeral expenses, etc., all my life.my father too is dead.
she has 8 childrens including me (Me + My brother + 6 sisters), they all left her after their marriages except me and they are all wealthy.
after her death my sisters are refusing the WILL and they are also refusing to give a share to one of my elder sister.they have been threatening me and my family, they even took all the original documents from me. But i do have a copy of all documents. i tried to know what they are upto. so i applied for encumberence Cert, it shows that some of my sisters signed a power of attorney to the financier and took a loan from him.
My brother doesn't care about any of this cause, he is well off in hyderabd.
he doesnt want to share the probate expences.
The WILL states that, the property has been divided into three shares, One for me, One for my brother and the remaining One for all my 6 sisters and she appointed me as an executor of WILL.
But i am illiterate, doing odd jobs all my life to support my family. i have been trying to probate for 12 years still i cant afford such an expence.
now i am trying to probate the WILL, i know for sure they will Contest against the WILL.
What should i do?
how long it would take and what will be the judgement or outcome?
Please give me some suggestions
With regards,
Koteshwar