Land Acquisition Act 1894 and the Defence Personnel
Querist :
Anonymous
(Querist) 27 June 2011
This query is : Resolved
Sir can the Land of the Defence personnel serving in remote areas , who do not get to know about the Notice, nor able to file objections be returned to them under any Law/ Act?
Details.
I along with other two brothers had purchased plots of 500 square yards each in vilage Nangal Sodian and Islampur in municipal limits of Pinjore, Haryana. The Plots were purchased by use bonafide for our residence and our names were entered in the revenue records with sub registrar, Kalka.
We were required to be pay a certain amount of fee to one Hill View Cooperative Housing Society registered under Societies registeration act with Sub registrar Ambala in 1983 which Society had laid sewerage,roads, public utility parks etc. We were expected to take its membership as well.
The money collected from us was used for laying of roads, sewerage, parks, ligting etc for the planned development of the residental colony.
Due to an old Vow I and my two brothers had dedicated the Central portion of our Plots to Lord Shani Dev. It is on Stamp paper. We planned to make his abode for public and serve at his feet, I was to set up a Historical Research Institute thereon along with my modest residence after my superannuation from Defence Government Service.
I was serving in Indian Air Force, my brothers in Indian Army and in Border Police. Our names with our ranks were entered in the revenue records as the owners of the plots. We had given our addresses as care of our parents' address as well for correspondence, if any.
We were serving in the border areas, and other places in India when, as we know now , a Notification under Section 4 of the Land Acquisition Act was issued. It is learnt now that the Newspapers of the area carried the notification.
The Newspapers also carried the story even before the Notification that DLF , UNITECH and other Builders were eyeing the areas and had held a meeting with the State Chief Minister for developing the land for affordable housing.
Some persons who were there on site or in the state of Haryana filed objections under Section 5 of the Land Acquisition Act.
After one year from the date of Notification the State issued Notification for acquiring the land inclusive of our plots.
Immediately thereafter the DLF issued , as we know now, commenced DLF Valley Project selling the Land at the rate of Rs 40,000/- per square yards and floors at the rate of Rs 60,000/-and above.
I superannuated in March 2011 and came to know that the HUDA Haryana Urban Development Authority has put SignBoards that the the Land belongs to HUDA.
I never got any notice either at the given address or at my place of posting nor my other brothers who are still serving in the Forces.
I have read there are a number of Acts which safe gaurd the property of the Defence Personnel when they are serving and their property is safegaurded from the poachers so that when they come back after superannuation they can stay peacefully after serving in inhospitable terrains.
I am a Military Historian and researcher and know that the Land Acquisition Act 1894 had its roots in punishing of the Indian Soldiers and their relatives who had participated in the First War of India's Independence of 1857 etc.
Please advice how can I get mine and my brother's pieces of Land Back from Haryana Govt.
I have no where to go as I have superannuated and have no piece of Land any where in India nor any House. I am Staying on rent in Delhi now.
My other brthers are still serving
R.Ramachandran
(Expert) 28 June 2011
Please post your exact facts (not general) and ask your query to enable us to answer.
Querist :
Anonymous
(Querist) 02 July 2011
NO BODY SEEMS TO BE KNOWING THE ANSWER?
