land acquisition compensation
Querist :
Anonymous
(Querist) 08 March 2010
This query is : Resolved
Sirs,
My in laws property were acquired for yje forming of house cites by the city improvement board in Mangalore by a equivalent 4(1) notification on 27/8/81.
and 6(1)in 1-10 -82
The final award was datde 14-5-87. Possesion was taken in 22-5-87.
The declared award was accepted with protest and an enhancement was sought for.
One of the contention is the sale deed relied on by the LAO in 1981 is not the right ones and alternate higher rates of sale deed of the same vicinity in the same period were presented.
Our other major contention is that as per section 11, the acuisition has lapsed
as the award is made after 2 years, as such the same is not legal.As such We are seeking the prevailing rates for the period when the land was taken possession in 1987.
Would our learned friends be able to recommend some judgements in support of our contention or able to give their learned opinion in this matter.
I look forward to your opinons.
With Best regards,
Prakash
Querist :
Anonymous
(Querist) 08 March 2010
aa
Parveen Kr. Aggarwal
(Expert) 08 March 2010
What proceedings are pending?
Whether it is a petition under section 18 of the Land Acquisition Act, 1894 or a Writ Petition challenging the validity of the acquisition proceedings?
Raj Kumar Makkad
(Expert) 09 March 2010
Determination of market value of the land shall be assessed on the basis of prevailing market rate on the date of notification and no on the day of taking possession.
Ganaga Datt versus State of haryana 2008 (3) RCR (Civil) 531 (P & H)
Potentiality is a major factor which should be agitated/taken plea in such matters and positive reults arise out of this plea.
Khan Chand versus State of haryana 2008 (2) RCR (civil) 266 (P & H) (DB)
Querist :
Anonymous
(Querist) 09 March 2010
Thank you mr. parveen and Mr. makkad.
yes,the petition is under section 18 and we have not challenged the acquisition proceeding.
Technically the land acquisition proceeding should have lapsed on account of the section 11A, but at the time my in laws were not advised properly and as such did not challenge the acquisition.
In a situation like this where technically land acquisition is lapsed ,but the possession is taken over subsequently after the defective award ,should not
the market value to be taken on the date of possesion.
Thaks and regards,
Prakash
Parveen Kr. Aggarwal
(Expert) 10 March 2010
Without challenging the acquisition proceedings the same cannot be said to be invalid. You have to get it so declared and only thereupon you can get the possession of the land back.
Regarding the enhancement in the amount of compensation, the relevant date for the same is the date of notification under section 4. The market value is to be decided on the sale instances proved on the record.
