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Anon (EFG)     11 November 2013

Gpa and land acquision issue

An agricultural land was under acquision by the govt in Karnataka to form the housing society sites. Notification was issued 15 years back but the completed acquision hasnt taken place till today. My father gave money to one of the orginal land owner and did the GPA that if site is given as compensation then he we will be getting the sites. But the acquision hasnt taken place. With the time we losing money on investment and we dont have confidence that the original owner will cooperate with us.

What is the legal way to either abort the transaction and get back our invested money or make sure the if when govt gives compensation it will come to us.

Reply would be highly appreciated.



Learning

 2 Replies

T. Kalaiselvan, Advocate (Advocate)     11 November 2013

Once the government issued notification for acquisition quoting some special reasons for the same, it will remain good until the said purpose cannot be enforced after a lapse of considerable period of time or the purpose extinguishes.  In your case the purpose is assumed to be still existing.  However, please note that the Supreme court in its recent observation held that the transfers through GPA/Sale Agreement/Will hold no sanctity and cannot be considered as a significant transfer of the property from one person to another.  Do you have any record or evidence for having given money to the owner in connection with the GPA?, if so is there any transaction evidence in your possession?  It is better to take back the money from the owner in full without bothering about the interest thereon for the period of 15 years because incase of government's acquisition in the later date, the owner only will be benefited with the compensation and not his power agent, think about it patiently.  Consult a prudent lawyer on this issue and proceed further.

Anon (EFG)     17 November 2013

<p>

Thanks Kalaiselvan for your response.</p>

<p>

We have the evidence to transaction as it was given through the check. In GPA aggrement, check no is specified. The problem is now the original owner is neither returning our money nor the govt transaction is complete. Is there any legal action for us to recover money sepecified in transaction, which govt is still deciding on it. Would appreciate your response.&nbsp;</p>


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