• Land acquisition by kiadb

Sir, 
I purchased a plot 30x40 in the year 2001. The land lord purchased 2 acers of land & without DC conversation he made around 40plots and sold to few people. we are one of those who purchased a plot. In the year 2003 KIADB (karnataka) issued a preliminary notice saying land is going to be acquired for peripheral ring road . till now land owner has not taken any compensation & instead filed a case. but petition was quashed in the year 2008 & gave final notification . Actually acquired land is quite far away from ring road and till now nothing is planned by the planning authority. Now as per the new land acquisition act if the acquired land not used for 5 years for the purpose for which it was acquired has to be returned to the land owners or their legal heirs.  kindly suggest how all plot owners can get justice.
Asked 2 years ago in Property Law from Bangalore, Karnataka
1) did you enter into registered sale agreement with landowner? 

2)seller would have to make application for subdivision of land before disposal of 40 plots.

3)it appears you are not the owner of land as per records and hence no notice for acquisition was issued to you . 

4)seller was issued notice and petition filed in court challenging acquisition has been dismissed by court . final award has been issued but no compensation paid . 

5)in the event land is now acquired by the authorities compensation would be payable as per new land acquisition act . 

6)you have not mentioned whether land bought by you is agricultural or non agricultural land 

7) if it is agricultural land are you an agriculturist? please clarify
Ajay Sethi
Advocate, Mumbai
23316 Answers
1220 Consultations
5.0 on 5.0
1. The land lord had purchased 2 acres of land which he has devided in to 40 plots and sold to 40 persons including you,

2. Is the nature of the land agricultural?  If yes, has the land been converted to 'Bastu' (Residential)? Had you registered your sale deed while buying the said plot?

3. If the nature of the land is Agricultural, then are you an agrculturist to be entitled to buy agricultutal land in Karnataka?

4. It appears that the land is still in the name of its earlier owner in the records of the Govt. for which he has got the notice and not you,

5. Since the Court has already quashed the petition filed by the earlie owner, he will now get the compensation as per new land acquisation act.,

6. The earlier owner can file an application for returning the acquired land for not using the same even after lapse of a long time of its acquisition.
Krishna Kishore Ganguly
Advocate, Kolkata
12126 Answers
233 Consultations
5.0 on 5.0
If you have not entered the sale deed so you are not the legal owner of the land. As per law you must pay proper stamp duty and execute a proper sale deed.  This was the reason, you did not receive notice for acquisition was issued to you . 
Now the original owner will get  the compensation as per new land  acquisation act.
Sudershani Ray
Advocate, New Delhi
192 Answers
25 Consultations
4.9 on 5.0
1) since it was marked as residential land and had well planned layout duly approved you were entitled to purchase the land . 

2) your sale deed has been duly registered with sub regsitrar office 

3)Section 101 says that land, if not used till five years, from the date of taking possession, should be returned to the original landowners or to their heirs or to the land bank. While the original law said if acquired land is not utilised after five years, it should be returned, the ordinance issued BY NDA govt has amended the provision from a “period of five years” to a “period specified for setting up of any project or for five years, whichever is later”. Thus, an entity with unutilised acquired land can keep it for the period it specifies for setting up the project, even if it is much more than five years.
Ajay Sethi
Advocate, Mumbai
23316 Answers
1220 Consultations
5.0 on 5.0
1. You stated "it was well planned layout.". Who had planned the layout? Has the plan of the said layout been sanctioned by competent authority?

2. Has your registered sale deed has any mention about the sanctioned lauout of the area consisting your plot?

3. If yes, then why the invidual names have not been recorded in the Khata?

4. For what purpose the said land was acquired as mentioned in the acquisition notice? What is the time of completion of the project for which your land was acquisitioned?

5. If the said specified period for completion of the said project is over, then the land lore can claim return of the acquisioned land from the Government.
Krishna Kishore Ganguly
Advocate, Kolkata
12126 Answers
233 Consultations
5.0 on 5.0
A.  Sale agreement does not create a legal title over the property. Hence, Sale Deed must be executed by the landlord or society if it was formed and registered.

B. Any agricultural land must be converted for the purpose of use as residential site, hence your layout not possible to approved by the authority. You can check the land details in the CDP ( Comprehensive Development Plan 2015). In my opinion, this layout has been formed in the defective manner and not approved by the authority and not converted. Kindly show your property records to local advocates.

C. Once the land acquired by the KIADB it should be utilized for the original purpose, otherwise land shall be returned back to the landowners as a result of non utility of the land more than 5 years.

D. Contact local advocate for file a writ petition before the High Court of Karnataka for appropriate remedy.
B.T. Ravi
Advocate, Bangalore
736 Answers
30 Consultations
5.0 on 5.0

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