LCI Learning
New LIVE Course: Toxicology and Law. Batch begins 21st July. Register Now!

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Naik MS (Private)     10 July 2025

Land acquisition

Dear sir

Land aquisition notification hapenning from governament , but same lands civil dispute contunueing  in civil court for partition, pls specify what is the procedure for civil dispute land in land aquisition. Thank you



 5 Replies

T. Kalaiselvan, Advocate (Advocate)     10 July 2025

The government can acquire land even if there is a pending partition suit, provided the acquisition is for a public purpose and the due process of law is followed. 

The government's power of eminent domain allows them to acquire private property for public use, even if it's subject to a legal dispute like a partition suit.

 However, the government must provide fair compensation to all parties involved in the partition suit, as determined by law. 

The existence of a pending partition suit doesn't prevent the government from acquiring the land if a public purpose is involved. 

The government has the power to acquire private property for public use, a concept known as eminent domain.

This power is usually exercised under specific laws like the Land Acquisition Act.

The government must demonstrate that the acquisition is for a public purpose. 

Dr. J C Vashista (Advocate )     11 July 2025

Whether the government has followed procedure for acquisition and you have filed objections against such acquisition ?

 

Naik MS (Private)     11 July 2025

Dear sir, s

Compensation distribute by governament or by court, where will be the compensation kept before final proceeding of the partition suit,  and pls confirm objection filled  direct by parties or by consent Advocate  and objection filled by only by plaintiff or by opposite party. Thank you

T. Kalaiselvan, Advocate (Advocate)     11 July 2025

Your follow up questions will be answered by the advocate in the local after perusing the complete records, hence you may confide in your avocate on all such further issues.

R.K Nanda (Advocate)     11 July 2025

To know procedure consult local lawyer. 

1 Like

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register