provision in Land Acquisition Act of 1894
Querist :
Anonymous
(Querist) 13 April 2010
This query is : Resolved
Is there a procedure specified in the Land Acquisition Act of 1894 about the LAO coordinating with the Registrar of Deeds after an Acquisition has been made or
about how the title of the acquired land is changed from the landowner to the State and at what point of time in the process of acquisition. Kindly explain.
niranjan
(Expert) 13 April 2010
Under Land Acquisition Act, the land is acquired by the govt. on payent of compensation to the owner of the property and Award is passed and the land is entered in the record of right as govt. land.LAO has not to make any deed of transfer in favour of govt.
Querist :
Anonymous
(Querist) 13 April 2010
Dear Sir
Thanks for your reply.Will you kindly explain as to the exact point of time in the acquisition process the land is recorded as govt land in the books of the registrar of deeds/of land titles and of the 5 registers available with every sub-registrar/ registrar, the LAO makes or causes entry in which of the books.
Sincerely
K.Baskaran
Parveen Kr. Aggarwal
(Expert) 13 April 2010
No entry in the register(s) maintained in the office of Sub-Registrar is required in case of acquisition of land by government. Once award is passed by the Land Acquisition Collector in favour of the landowners/interested persons, the land is mutated in the name of the Government as owner.
Querist :
Anonymous
(Querist) 14 April 2010
Dear Sir/madam
Thanks very much for your reply. If no entry is made or maintained in the register(s) of the sub-registrar, and if the govt has acquired registered land/s, what will stop the registrar from registering transactions regarding such lands, like sale, mortgage etc.
If the last private owner of a land even after knowing govt has acquired his land, goes on to sell his relevant land to others,what can stop him from doing so. If he sells his land like that and if the registrar registers such a sale and at a future date the new buyer learns about the acquisition whether he can sue the registrar for registering a land that according to the acquisition belonged to the govt.
pl. clarify
Raj Kumar Makkad
(Expert) 14 April 2010
I think you have misconception. Revenue department enters the ownership of State in the column of ownership and subsequent alienation cannot be made by any person as revenue record is required to be annexed at the time of any registration of such agricultural land which might be showing the ownership of State. So your presumption ends. No question arises subsequent sale of such land.
Parveen Kr. Aggarwal
(Expert) 21 April 2010
Once a person accepts compensation from Government upon compulsory acquisition of his land, he remains with no title of the land and if still he executes any document of title in favour of any other person, he commits grave offences punishable under a number of legal provisions. Furthermore, upon acquisition the land is mutated in the name of the government and without copy of revenue record the registering officer does not register any instrument of its transfer.
Querist :
Anonymous
(Querist) 21 April 2010
If the person does not accept the offer and files an appeal in the court against the offer and if the case goes on for many years and in the meantime he sells the land splitting it to 10 small plots with revenue records intact, and if the registrar registers all 10 transactions and all 10 new owners are inturn issued revenue records in their 10 names what is the status of the 10 new owners who were not originally notified and who were not aware of the word LA itself and if those 10 people build houses and if co op banks extend loans to build and register the mortgages in the same registrar office when does it end the titles are now with banks and individuals other than the notified person - where is the title for the govt? for more details pl.refer attached presentation.
Querist :
Anonymous
(Querist) 21 April 2010
This is a response meant as a respone to the explanation given by ADV.Parveen Kumar.Do you mean to say that the title of the land under LA is mutated or changed or altered from the person (notified under LA) to the Government?
If so, where is it mentioned in any law?
The mutation has to be done by which official of the Govt?
In which register/s? located in which office of the Govt? at what stage of the LA? after notification? after declaration? after award? or after possession?
Or does the transfer happen automatically and mutatis mutandis? Will you please explain wherever you can?
Sincerely,
Baskaran Kanakasabai
