Manohar H 18 February 2021

Land acquisition compensation not given due to pending case

Dear Sirs / Ma'ams,

Our Agricultural land of 3 acres has been acquired by Industrial Development Board in the year 2017. They issued us a notice to submit all the property documents and other related documents. We are not getting compensation due to a pending Original Suit which was filed in 2015 at District Court. However the court has not given any direction to stay the compensation.

The brief details of case are 1. The land belonged to a party X till 1965. He died and his sons sold this land to a party Y in the year 1970

2. Patry Y sold it to Party Z in the year 1990 by way of sale deed.

3. Party Z sold to my father in the year 2002 by way of sale deed.

4. In the year 2015 the daughter of Party X have filed a case against their brothers who sold the property in 1970 saying that they formed a joint family and they sold without their consent.

The case is running since 2015 and we have filed our objection through our lawyer to dismiss the case as it was filed with intention of grabbing a share of compensation.

What else remedy we can seek for early processing of compensation. Please guide

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3 Replies

Dr J C Vashista (Advocate) 19 February 2021

Since your father is stated to have purchased land from Z in 2002, how objection can be raised at this stage, if your father has verified marketability of the property before hand.

However, your lawyer is the best person to form proper opinion and advise, if you have faith in him / her.

SHIVEK J. 25 March 2021

Greetings,

Technically speaking, the objection raised by you against Industrial Development Board would actually be resolved once the pending case is put to rest. The most viable option as of now seems that you take the guidance of a local property lawyer, with his/her help get a Search Report of the property made. Search Report is a compilation of all the documents of the paper arranged in a chronological manner since the inception of the property, in terms of commercial constructions or since the time period you can acquire the documents, in terms of properties like the one you possess. The search report would be inclusive of the General Power of Attorney that would have been exercised in the year 1970. Apart from that, with the help of the lawyer, you can always check as to, to whom’s name the ‘khasra’ has been registered, which can act as a solid proof to seek compensation from Industrial Development Board, if it is entered under your name and your ‘khatuni’.

I hope this helps you. The case in reality is highly tricky and the involvement of a property lawyer seems like the most prudent move as of now. Hoping that the above mentioned pointers help you.

Regards