Land acquisition act 1894 : is boundary wall constructed over my land a structure?
Dr Sangh Mittra
(Querist) 24 August 2012
This query is : Resolved
Sir,
Please apprise me as to whether a Boundary wall, Five to six feet high constructed by me prior to the issuance of Notification under Section 4(1) of Land Acquisition Act 1894, to enclose my Plot upon my registered piece of Land for security and to stop trespassers thereon , is a structure over the Land in the terminology /meaning as applicable to the LA Act 1894?
The Land Acquisition Collector has in his letter to the Collector termed this boundary wall as DPC (DPC KI HUI HAI).
In any case the DPC is the hardest thing to accomplish when building. It is also the most important part of a building . And thats , to my mind is the partially built structure.
Further I have been in the peaceful possession of the Land ever since 1989. The State issued Notification under Section 4(1) in 2007.
Facts.
The State Government while carrying out the survey had exempted from acquisition structures over individual plots, partially built houses of those who were present in the locality.
I am a Defence Services Officer, who had purchased the residential Plot in 1989 and the sale/ purchase deed in respect of my plot was registered with the Revenue Department through its sub registrar.
I came to know that the Land Acquisition Officer who had acted on behalf of the Government in his report had recommended that my Plot with boundary wall be not acquired.
But he was subsequently made a member of the Joint Survey Committee headed by the Chief Administrator of the Urban Development Authority for which the land was being acquired for developing residentail sectors under it.
Just one month before the declaration under Section 6 of LA Act the Report submitted by the JIC with LAO as member included even my Plot in the declaration of acquisition.
Neither I came to know, nor was informed, nor could read the Two Papers published in the region, nor the Gazette, nor the Notice Board nor do I had any relative or friend in the area and I was not present either in the area or in the state and was serving the Union of India far away. No Notice was ever sent to me under Section 9 or 12 of the LA Act 1894.
After my retirement in 2010 I unofficially learnt about the acquisition and the award and have have been inquiring from the collector in writing.After two years of Correspondence he has replied to me in June 2012 and sent to me a one page report of the Land Acquisition Officer dated June 2012 stating that my plot forms part of the acquired Land , that Award was passed and on the same day possession given to the Urban Development Authority.
I have come to know that:
The Award takes effect, after communication to persons interested.- Refer 1957 – ALT 34 (NRC)
Collector was required to give immediate notice of his award to the persons interested as are not present when award made. (Section 12(2) of the Act).
This all was not done.
Are there any chances if I approach the High Court?
Is Boundary wall constructed by me to enclose my plot a Structure?
If it is I could pray that all those whos plots have been spared from acquisition had structures and so had mine too but since I was not present and was serving away from the sate I have been discriminated.
Please help and calrify.
Saurendra Rautray
(Expert) 24 May 2015
Hi,
Kindly let us know about the status of your land who has the physical possession and have you received the award yet.
If not there is a possibility that one can challenge the acquisition.
Regards
Saurendra Rautray
Rautray& Co
(New Delhi)
www.rautray.com
09437008255
