Objections under Section 5A of LA Act 1894
Dr Sangh Mittra
(Querist) 15 April 2016
This query is : Resolved
Sir,
Are the Objections filed under Section 5A of the Land Acquisition Act 1894 to the Notification under Section 4(1) of the ibid Act filed by a Secretary of the Society whose Member the absentee Landowner (whose land is likely to be acquired ) valid and serve the purpose of meeting the requirement of objections on or behalf of the Land Owner?
I hope it is not mandatory that the Land owner whose land is being acquired is required to file the objections under section 5A of the Land Acquisition Act 1894 himself/ personally within 30 days and attend the hearing in person? (what if the landowner is serving away in defence service or is sick or is away in foreign lands where he has no news of the subject Notification)
Kindly reply with supporting case law in support of absentee land owner on whose behalf the secretary of the Society filed objections under section 5A of LA Act 1894 which were duly considered by the acquiring authority ( who are now when the writ petition has been filed to challenge the acquisition contending that the Land owner failed to file objections .
With Regards to the Experts in the Field
Dr SM
Advocate ( petitioner in Person for his own land subjected to land acquisition)
P. Venu
(Expert) 15 April 2016
Is this a current issue? The LA Act, 1894 has since been repealed.
Dr Sangh Mittra
(Querist) 15 April 2016
Please Sir!
The matter relates to prima facie illegal Proceedings, initiated under LA Act 1894( during 2007-2010) and challenge thereof by the Petitioner on being informed by the Acquiring State Government that his Representation - filed and followed from October 2010 till march 2014- are rejected.
And it is in my personal case where I was the absentee Land owner.
Even though I am an Advocate myself but do not have enough knowledge on the matter therefore I request the legal inputs from the experts on the Forum .
The help on this Public Forum is being Solicited from the following Advocates to a Public cause of those like me , similarly placed. So I request the knowledge in puts from the following who I have hope will not disappoint me and render their fair and frank opinions.
Shri Raj kumar makkad
Shri Devajyoti Barman
Shri Rajendra K Goyal
Shri Ajay sethi
Shri Prabhakar singh
Shri PS Dhingra,
Shri T. Kalaiselvan,
Shri R.K Nanda
Shri Sudhir Kumar
Shri V R SHROFF and other Expert Advocates
With Regards and hopes.
Dr SM
Dr Sangh Mittra
(Querist) 15 April 2016
Request to the Experts to kindly reply.
Regards.
Dr SM
Advocate
Dr Sangh Mittra
(Querist) 15 April 2016
Respected Experts hopefully nameD in my above query may kindly reply as I have to prepare Rejoinder file it within 20 days now and I am contesting the case in Person.
Kindly help through this Public Forum
With Regards,
Dr SM
Guest
(Expert) 17 April 2016
Yes I prefer to ans. myself to have Land Acquisition matter under Old Act pending and aware of various provision.
1) Please tell your state
2) Reason for state is that in Maharashtra they start proceeding under Maharashtra regional Town Planning Act then further steps are taken under provision of Land Acquisition Act 1894
3) Additionally there is 5 Judges Supreme Court Judgement on MRTP and Land Acquisition Act which is famously known as Girnar 3
4) So if you tell state , it can help to give proper ans.
5) If not Maharashtra then only provision of New Act and Old Act , certain provision for ongoing proceedings etc. I can tell
6) Most important thing please specify date of Sec 4 Notification, Date of Gazette notification it is very important
7) Regarding Defense service they have to intimate you else proceedings are not done properly and liable for quashing. I will ans. your query only after input which I asked for
Guest
(Expert) 17 April 2016
Under Land Acquisition Act 1894 since act is in ascending order so til which section they have reached and Whether award declared ?
Additionally I interpret yours is Plot holder Co-operative Society . Secretary of Society have appeared and given statement but member of Co-operative society whose individual plot is affected his statement /objection not taken by Land Acquisition officer on record . Whether this interpretation is correct or some thing else in your case ?
I have exhaustive of Land Acquisition Act with me , I can refer and tell you properly but you please clarify question which I raised so proper ans. can be given to your question.
Dr Sangh Mittra
(Querist) 17 April 2016
Sir,
Thanks.
The State is Haryana.
Since before practicing as an Advocate in Social Causes and for benefit of the Society as a free service and for Charity ; I was serving in defence Services ( Retired on 30 September 2010).
I was the absentee land owner.
I had become the member of a Registered Cooperative House building society giving it responsibility to watch ward and develop my plot.
The objections to the Notification under Section 4(1) issued by Haryana State on 26.09.2007 were filed by the said Society mentioning my khasra number and stating that I was a serving away Officer within 30 days by the secretary of the Society on my behalf and other absentee members.
These were duly considered and the Land Acquisition Officer gave hearing to the Secretary and in his Report recommended that the land be exempted from inclusion in section 6 Notification .
The Land Acquisition Officer had given hearing to the secretary and in his report recommended that the land be not acquired since a colony is being developed. He included the khasra numbr where my plot was situated.
Regards,
Dr SM
Regards
Dr SM
Dr Sangh Mittra
(Querist) 17 April 2016
http://www.authorstream.com/Dashboard
Guest
(Expert) 17 April 2016
I think better give opportunity to Experts to ans. your query since the matter reached upto Supreme Court , Myself too junior to ans. this query honestly .
But still with my limited knowledge , to try to at least study the case, may be some thing can be clicked
Can you please give title of the case of High Court its case no. date of judgement
Can you please give title of the case of Supreme Court its case no. date of judgement
I will read from Official Website the Judgement and then try to understand problem.
When Judgement is given in matter it is better to read Judgement because it gives insight to Problem from Hon. Judge point of view which may be missing from common man.
I will wait for details of the case so I can study Judgement from official webiste. (Every judgement is updated , so it is public document , but if we have details of your case we can read judgement and then interpret )
Thanks once again for giving opportunity to study case which is taken at higher level
Guest
(Expert) 17 April 2016
Points short listed by me
1)Date of Section 4(1) under Land Acquisition Act Notification 26.09.2007. Notice not served on you
2) Section 6 Notification 25.09.2008.Notice not served on you
3) Section 9 (3) notice not served on you
4) Defense Service Personal , On duty absent from civilian area
5) Became member of Co-operative society , Terms and conditions are question ? I think Co-operative society is not owner of land
6) Society secretary represented on your behalf to Land Acquisition officer
7) Objection filled by Secretary of Co-operative society within time prescribed in Act
8) Land acquisition officer wrote letter to acquiring body that land should not be acquired so area is getting developed
9) 22 Aug 2008 (Joint measurement /inspection of took place)
10) Joint Inspection suggested acquiring body that constructed structure should be excluded and open space to be included
11) The Director urban estates recommended that the land recommended by the LAO be excluded from acquisition. this he did at time of sec 6 notification
12) Sec 6 notification under Land Acquisition act included your plot
13) The society filed a case ( I was not part of the Petition)in high court for release of land . it misrepresented that it had purchased land in 1982 and made plots etc.
The writ got dismissed on the ground that the Colony of the society was unauthorised and carved as such. they went to supreme court. lost on the first date on the ground as unauthorisedly carved out.
14) You remained on false assurance of bureaucrat who had no powers under the provision of Land Acquisition act to quash the proceeding etc.
15) Land Acquisition Award was passed on 24.09.2010 , you where not informed no notice was received by you
16) Dec 2014 you got information that your representation was rejected by Govt this was done after awards was pronounced , So technically , once award pronounced Govt. can not withdraw the proceeding unless until there is fraud forgery in award (One Supreme court judgement) , Award required to be quashed and set aside by High Court
17) You filled Writ in March 2015
18) State or acquiring body contested writ on following grounds
!) Objection under 5A not filled in time
2) Society had lost the case- in which area my land situated- in High Court and in 2011 in supreme court.
19) Ownership dispute , may be society which represented you in High Court & Supreme Court had no standing since it was not owner of the land , it was just organization without title in land
Guest
(Expert) 17 April 2016
Few further queries or information required to study the case (Now it seems I got some grip on the case but further grip I require before I take books in hand)
1) I need to see judgement of High Court and Supreme Court where society was party
Details required , Name of party , court name , Case no. , Date of judgement if possible .
Since High Court and Supreme court judgement are public documents i can see this from official website if you give above mentioned details
2) Require to analysis land record , now here there is problem , I can not interpret you state land record because manner in which land record is kept and maintained varies from state to state ,So I may not be able to iterpret land record properly 100 %
3) I require to read Land Acquisition award copy , General notes and individual Land Acquisition award
4) Point 2 and 3 are more private documents so it will not be feasible to post details on public forum. But after posting Judgement details , and if you permit and wish to share point 2 and 3 imp. documents so i can study you can share on whats app on my cell no. or call me so i can study and make points and post in this forum and reply here
Guest
(Expert) 17 April 2016
5) Important thing the dates on which Society filled case in High court and judgement date
6) Date in which case was filled in Supreme court and Judgement date
Dates in point 5 and 6 are equally important
Myself will wait for ans. after some time I got matter in this club which is of Advocate level (All personal queries of matrimonial /divorce are really boring to me) . I prefer to ans. property matters a lot but this matter seems worth studying
Any how myself not advocate , still student .
Dr Sangh Mittra
(Querist) 17 April 2016
Humbly requesting the Experts to kindly reply and help a fellow Advocate.
Thanks to the bright and helping Student for the patient help and summary made.
May apprise me of the contact number on my email
drroshnijustin@gmail.com
Regards,
Dr SM
Guest
(Expert) 17 April 2016
I have send you message with my cell
Dr Sangh Mittra
(Querist) 17 April 2016
Sir,
I have slightly modified the messages and re formatted these for ease of Experts on the Forum. I hope they reply.
Regards,
Dr SM
Guest
(Expert) 18 April 2016
Unfortunately Sec 24 (2) of new act will not be applicable so you have to contest the award because all award before 2008 are lapsed if possession not taken nor compensation paid.
Your award date is 24.09.2010
This award required to be quashed only from High Court.
1) I feel get Zerox of Case file under RTI and see what is remark written on notice etc.
2) Which Address notice send etc.
I will read and revert back
Guest
(Expert) 18 April 2016
1) Old Act Sec 9(4) Violated this is only your basis of the case . Notice not served.
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9 Notice to persons interested:
(1) The Collector shall then cause public notice to be given at convenient places on or near the land to be taken, stating that the Government intends to take possession of the land, and that claims to compensation for all interests in such land may be made to him. State Amendments
(2) Such notice shall state the particulars of the land so needed, and shall require all persons interested in the land to appear personally or by agent before the Collector at a time and place therein mentioned (such time not being earlier than fifteen days after the date of publication of the notice), and to state the nature of their respective interests in the land and the amount and particulars of their claims to compensation for such interests, and their objections (if any) to the measurements made under section 8. The Collector may in any case require such statement to be made in writing and signed by the party or his agent.
(3) The Collector shall also serve notice to the same effect on the occupier (if any) of such land and on all such persons known or believed to be interested therein, or to be entitled to act for persons so interested, as reside or have agents authorised to receive service on their behalf, within the revenue district in which the land is situate.
(4) In case any person so interested resides elsewhere, and has no such agent the notice shall be sent to him by post in a letter addressed to him at his last known residence, address or place of business and 37 [registered under sections 28 and 29 of the Indian Post Office Act, 1898 (6 of 1898)].
Guest
(Expert) 18 April 2016
The time when you gave application to authorities till the time they rejected . This will be considered time you knew proceeding where going on.
1) So please put date on which you wrote in writing application and date on which they replied and you received reply (For sake of convince reply date is in above thread)
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2) Problem is that you have written some where you are appearing in person , and you advocate. This makes case further weak. If law graduate does no know law properly , law applicable to him then court will not entertain much.
3) Society is independent body , and if it does not have title in land (as I interpret , they wrongly represented they have title) , Then society does not have locus standing in writ or in Supreme Court . It is independent legal organization . So some one who don't had locus standing on property can not appear and any Order in such cases should be Review by Court , Since they appeared in Supreme court when they where not owner in such case that Supreme court Judgement too require review , showing land records . Their appeal dismissed this order require review that Society don't have locus standing in property.
4) In this case Supreme court order revive is done that Society had no locus standing in matter , then all appearance of Society Secretary will not be considered as your appearance . Society has no rights in property only , It is just another organization without title in land.
5) If this review is successful that Society appearance which had no locus standing since it had no title to land. Then no one represented Land Acquisition officer for any hearing
6) Hence proceeding invalid and liable to quash
7) Land Acquisition officer will contest that it has completed all procedure properly
8) Apart from serving of notice issue nothing seems maintainable in your case.
9) One point you gave judgement it said area was wanted for housing colony or residential purpose , you too claim already we are residing so no need to demolish existing house .
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Additionally there is also problem . If Supreme court review takes another 10 years and court proceeding takes place 15 years the compensation which is awarded will be same. I have seen one case of some other plot holders they went upto supreme court , Supreme Court rejected their appeal after 20 years and they got compensation at valuation which was 20 years old . They had not even applied for increasing compensation nor contested the value mentioned in award.
Now question will be whether you should contest award or you should not ask for more compensation etc. This incident you require to study
Experts ---- Please guide myself student and please point my errors too.
Dr Sangh Mittra
(Querist) 19 April 2016
Ok. Got it.
The case is more compounding now.
We are three brothers having Plot no.3 , 4, and 5.
Dr Sangh Mittra
(Querist) 19 April 2016
i was in defence retired in end September 2010 youngest in defence still serving and middle one in para military retired now .
All away from land.
the youngest and me have been writing letters on each other behalf.
the youngest wrote letter under certificate of post UPC when he vaguely learnt about acquisition but by that time 30 days of filing objections were already over.
before the declaration under section 6 his letter concerning us all was sent by the dostrct sainik board to secretary haryana govt
the copy of the letter from saonik board is with him
i also started writing after my retirement in end septber 2010 but that time award had been passed. no notice to us.
from oct 10 till march till end the matter was bng considered by them.
when i came to know that in march 14 a bureaucrat' s plot unbuilt vacant and subjected to acquisition was released i for the first time visited their office.
lo and behold they told me my representation had been rejected.
i asked for the letter they said it was returned undelivered to them
i found the addre on the envelipe had been deliberately smudged so it could not reach me.
in side the letter had correct address but date of award etc were wrong.
i asked for a copy and got it and thus filed Writ on being sure of rejection by them
now in reply to my writ they contend barred by limitation
i am frankly fed up and if its going to take so much time i am 65 years now what to do.
Had i not been in the defence would have never lost it.
wuld have had plot of 2.5 crores for which they are giving comp of 5 lakhs.
Sad. donot have moneys to hire a good advocate. my brothers have hired the advocate but.....
and all the applications along with a few other retired defence petsoneel some terror victims some disabled are clubbed.
See there is none on this forum who is responding with advice except u.
thanks.
Dr Sangh Mittra
(Querist) 20 April 2016
sorry for spelling mistakes as i am typing on my old mobile with thumb. . Regard
