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Niraj Khattri   24 May 2024

Trust land acquisition

If government has to buy trust land from private educational trust . Do they need permission from district judge ?



Learning

 4 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     24 May 2024

When a government is buying a property from an educational trust, permission is not necessary.

T. Kalaiselvan, Advocate (Advocate)     24 May 2024

If the trust has already obtained exemption from any such acquisition activity by government then the government cannot acquire the private educational trust property without court permission.

Nandini Shaw   25 May 2024

In my understanding, permission from the district  judge may vary for the government to purchase land owned by a trust for public purpose, depend on the circumstances and law of the state.

Under the Indian trusts act, 1882, trust land is held for specific purpose outlined in the trust deed, and any acquisition by the government may require approval from the trustees or beneficiaries. Additionally, the land acquisition act 1894 (now replaced by the Right to Fair Compensation and Transparency in Land Acquisition Act 2013), sets out procedures for acquiring land for public projects.

In cases involving trust land, fairness and transparency are crucial, as emphasised by legal precedent, such as Indore Development Authority vs. Shailendra (2018).In my understanding, permission from the district  judge may vary for the government to purchase land owned by a trust for public purpose, depend on the circumstances and law of the state.

Under the Indian trusts act, 1882, trust land is held for specific purpose outlined in the trust deed, and any acquisition by the government may require approval from the trustees or beneficiaries. Additionally, the land acquisition act 1894 (now replaced by the Right to Fair Compensation and Transparency in Land Acquisition Act 2013), sets out procedures for acquiring land for public projects.

In cases involving trust land, fairness and transparency are crucial, as emphasised by legal precedent, such as Indore Development Authority vs. Shailendra (2018).

Dr. J C Vashista (Advocate )     26 May 2024

Generally (not specifically) trust land cannot be acquired. Trust deed has to be perused for determining the issue.

Consult a local prudent lawyer.

 


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