• Land Acquired by TN Housing Board in 1992

Dear Sir,
Our agricultural land was acquired by TNHB in 1992 and compensation was partially settled in 2004. We have been informed by TNHB that the land cannot be used for housing purpose - partially NHAI needs the land and another side Indian Railways needs it remaining midlle portion cannot be used by housing board. Total land of 1.7 acre, 50cent for NHAI, 55cent for Railways, remaining 65 cent is lying vacant and we are tryting to demand to return, but meantime, there are private parties taking pocession of the 65cent land. Can we approach to get the land " My question is how come TNHB take my land to distribute it to 3rd parties. Please advice.
Asked 7 years ago in Property Law
Religion: Hindu

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3 Answers

what do you mean compnesation was partially settled in 2004?

have you not been paid full compensation for land kindly clarify

3) the Supreme Court has held that the State government cannot be compelled to return to the original owner, land acquired for public purpose, if, for some reason, the land cannot be put to use for the purpose for which it was acquired

4) If the acquired land has already been transferred to other agency [such as Housing Board] the government cannot exercise power under Section 48-B of the Act and reconvey the same to the original owner. In any case, the government cannot be compelled to reconvey the land to the original owner if the same can be utilised for any public purpose other than the one for which it was acquired.”

Ajay Sethi
Advocate, Mumbai
95220 Answers
7612 Consultations

5.0 on 5.0

1) you can issue legal notice to HB to return the land as it has not been used for purpose for which it was acquired 24 years ago

2) wait for reply of the HB

3) then file writ in the HC that land is not being used for public purpose and land should be returned to you and not sold to builder

Ajay Sethi
Advocate, Mumbai
95220 Answers
7612 Consultations

5.0 on 5.0

File a writ petition in high curt for two reliefs-

1. Either to return the unused land

2.Or give you full compensation with interest upto date.

You can not claim rate at todays price though you are entitled to interest till this date.

Since you have accepted the compensation and did not seek reference in civil court earlier you can not challenge the acquisition anymore.

Devajyoti Barman
Advocate, Kolkata
22921 Answers
498 Consultations

5.0 on 5.0

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