hello all members here and learned advocates my hello and warm regards to all of you here,
sir, my query is when lands are requsitioned in year 1942 under defence rule 75A is it mandotory to de-requsitioned those lands on expiry of defence of india rules ? and again what are things the goverment need to follow when they permanently acquire in year 1953 under requisition and acqusition of immovable property act,section 7 shortly called ( R.A.I.P ACT )
1)govt need to acquire after doing panchnama and issuing possesion receipts to the owners?
2)measurement of those lands is compusary with north/east/west/south boundaries ?
3)call owners and serve them notice?
4)section 4/6 to be served and issued?
5)what is the time limit to make a payment offer/award?
6)can govt acquire and take lands without paying any compensation?
7)if govt fails to offer/pay compensation after 5 years of permanently acquiring is this acqusition illegal?
8)no agreement of any sort done with owners by british govt under requsitioned period and indian govt in 1953 after acquiring such as panchnama,award,payment ,possesion receipt etc
9)no section 4/6 notice served to owners nor owners served/issued any notices nor owners called before acquiring of those lands and publishing them in govt gazzette
10)the owners were never called nor given oppuchunity to be heard from 1953 to 1958
11)the possesion of the land taken as told by collector says in the year 1942 and notification issued for permanent acquire in year 1953..1953 to 1958 no action taken.no notices served to owners which shud be mandory and no award passed till then..
12)the collector says the lands had been acquired under section 7 of r.a.i.p act but the section 7 clearly says that a land can be acquired in section 7 only when
a) any structure is built on these pieces of lands with govt money during requsition period.
b)the land gets detoriated and is in detoriated condition of wear and tear and that these lands cannot be returned bac to the owners.above these pieces of lands are well connected to nearby roads and far away from the airport opertional area.
so the proper procedure being not followed as acquiring lands under section 7 of r.a.i.p act was wrongfully done and its wrong.
13)these lands were initially requsitioned in exercise of the powers under rule 75A of the rules framed under efence of india act and these rules were ceased after war was over so the lands shud had been de-requsitioned first and then acuired again lawfully if they were required..but the govt never de-requsitioned the lands and never gave back the possesion of these lands to owners instead transfered the rights and title from one govt to other or one central body to another without even desiding proper compensation or declaring award or making payment which is against the fundamental rights and against the princiles of natural justice as these were agricutural lands and dpriving a owner without paying then timely comensation and money they cannot buy alternative lands or any other lands and in this way they were deprived of their basic rights and uprooted from these places.
13)currently the land stands in AAI name and AAI through their rti reply says these lands are given on lease to private parties though AAI is the owners, how can a govt body do business and earn profit at the sake or depriving owners of their on agriculture property in the name of public purpose initially and as leasing property to private party is not public purpose nor the purpose initially when the property was requsitioned 70 years back nor the purpose when acqired 60 years back..
14) pupose at the time of acqusring shows extension of santacruz aerodome mumbai but airport is far away from this land,the land is declared and put under non aviation zone and kept under commercial zone and leased to private parties and AAI enjoying money earned out of lease a govt company doing business for profit at the sake of killing rights of a citizen agriculture lands in the name of public purpose that too without paying compensation after 60 years of taing the land..
sir kindly quide us what are our chances where shud we file writ petion high court of mumbai or surpreme court?
sir and how shud we take care of delay and will we get our land back? what are our chances or payment as per todays rate? with additional compensation from AAI for the benefits they getting by leasing our lands till now...awaiting your valuable feedback regards meenajain and rakesh jain 09989469283 email navaratnajewellers@gmail.com
