Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

cyberlawyer (barrister)     06 May 2014

Ownership based on compensation in laop proceedings

Ld. Members of the bar, kindly enlighten me on these points…

 Can title be determined on the basis of compensation granted in LAOP proceedings ?.    In simple terms, if a party gets a compensation in land acquisition proceedings, can this fact be taken into consideration in determining the ownership of the land which is acquired ?

 Is it that the compensation amount will go only to the owner or the title holder of a land which is acquired ?

 If it is a trust property which is acquired under land acqusisition proceedings, to whom the compensation will go ?. to the trustees or the founder trustee or managing trustee ?

Our client states that based on the LAOP proceedings, ownership can be determined. But the decree and judgment is only about the persons who are entitled to receive compensation..

Please give me suitable citations if possible...

 Thanx in advance and sorry for several queries…



 3 Replies

Lawyer SALEEMA (Advocate Madras High Court & Legal Consultant Chennai Law in Law Firm. +91-9698884779)     06 May 2014

First thing is that no tribunal or quasi judicial forum can determine or declare the title owner of an immovable property. Only the civil Court is competent to decide the issue and declare the owner  if any dispute is arisen in respect of ownership.

 

Normally, Land Acquisition Tribunals will determine the quantum of compensation and issues involved with land acquisition proceedings. Mere granting of compensation  infavour of a person in a land acquisition proceedings alone will not sufficient to prove title.


As for as the compensation payable to the trust property is concerned, the beneficiaries of the trust are entitled. Therefore, the compensation to be paid only to the Trust for the benefit of its Beneficiaries not the Founder or Trustees.

cyberlawyer (barrister)     18 May 2014

Thanx a lot sir. You made it very clear. But the confusion here is the judgement delivered by the tribunal says that the compensation is to be given in the name of the trust only , citing a judgment for the same and thereafter it says that the managers are entitled to receive the compensation. Such a stupid judgment. 

psg karthik   25 June 2020

hi sir I am karthick balasubramaniyam,
we are filed a partition suit against or my grandfarther on ancestor property and laop . my grandfather already received in year of 2000 compensation in which is awarded in he's name . he asked for a higher compensation in 2016 under 28A petition now I filled a petition for adding my name for a share of compensation 2018. can I know whether I'll claim my share of compensation.

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Start a New Discussion Unreplied Threads

LCI Learning Hindu Laws


Popular Discussion


view more »




Post a Suggestion for LCI Team
Post a Legal Query