• Land acquired by KIADB but not used for the purpose it was acquired

Hi,

We had about 2 acres of land around Kengeri (Bangalore) that was later acquired by KIADB which, in turn was handed over to NICE company for road construction in 2003. We received a compensation for the land & have been allotted 2 plots. This allotment of plots is still on paper and we still haven't received possession of the plots. It's been 14 years now since the compensation was paid out (2003-2004). Since the acquired land is not being used for the purpose why it was acquired, can we now apply for re-possession of this 2 acres (after returning the compensation with interest)? Has there been any such instance(s) where the land has been returned to the owner? If yes, can you please state the case number & judgement order.

Regards,
~V.
Asked 4 years ago in Property Law
Religion: Hindu

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11 Answers

As per S.101 of 2013 Act, the land if acquired and remains unutilized for a period of five years shall be returned to the owner.

refer Smt K M Chikkathayamma vs The State Of Karnataka on 10 March, 2016

Rajaganapathy Ganesan
Advocate, Chennai
2085 Answers
8 Consultations

4.9 on 5.0

There has been instances where the compensation was not paid the land was returned back with the virtue of section 101 and 24(2) of Right to Fair Compensation and Transparency in Land Acquisition,Rehabilitation and Resettlement Act, 2013. The proceeding of land acquisition stood lapsed under section 24(2).

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

You have already accepted compensation amount

2) you can file writ seek possession of the 2 plots allotted to you

3) in the alternative seek return of the 2 acres of land as it has not been used for the purposes fir which it was acquired

Ajay Sethi
Advocate, Mumbai
87911 Answers
6207 Consultations

5.0 on 5.0

Dear Sir,

Yes, there are some instances like that. You have seek quashing of acquisition as it was not utilized. It will be allowed and possession will be re-delivered on some conditions. De-notification will be done on that ground. More particulars on calling me.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

1)in lieu of land acquisition you were allotted 2 plots of land but you have not been given possession

2) you should file writ and seek orders to grant possession of the 2 plots of land

Ajay Sethi
Advocate, Mumbai
87911 Answers
6207 Consultations

5.0 on 5.0

The rural development ministry has modified Clause 95 of the new Land Acquisition, Rehabilitation and Resettlement (R&R) Bill, 2011.

As per this bill " When any land acquired under this Act remains unutilised for five years from the date of taking possession, the same shall return to original land owner or their legal heirs as the case may be."

Hence. you should approach KIADB after narrating the all facts that you want to refund the compensation ,if the unused land return to you.

If, refused , then you have right to file a Writ petition for getting the same .

Mohammed Shahzad
Advocate, Delhi
9885 Answers
121 Consultations

5.0 on 5.0

Dear Sir,

It is the rarest of the rare case and finding case laws is difficult. But we must create a case on these peculiar circumstances. Please come to my office.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

Not sure, unless i go through some more judgments.

However, having regard to the acquired land not utilized for the said purpose, the act contemplates returning to the owner.

Rajaganapathy Ganesan
Advocate, Chennai
2085 Answers
8 Consultations

4.9 on 5.0

You have fair chances for getting the desired relief if you have not received the compensation amount.

It may be bit difficult situation to repossess the property at this stage when you have already received the compensation

You can claim that you are .in continuous physical possession and enjoyment of the property without any hindrance whatsoever till date

You may claim that if the physical possession of the lands are not taken from the landowners or the compensation is not paid in respect of the proceedings initiated under the Old Act, as per Section 24(2) of the New Act, the entire acquisition proceedings initiated under the Old Act shall be deemed to have been lapsed.

The Supreme Court of India delivered a judgement that is going to bring in relief to persons whose land has been acquired by the government, but neither possession taken nor compensation paid despite years having gone by.

Addressing a bunch of petitions involving a common question of law, the Bench comprising of Justice V. Gopala Gowda and Justice C. Nagappan said, “we are of the vietaken by the respondents nor compensation paid to them even though the award was passed on 06.08.2007, and more than five years have lapsed prior to date on which the Act of 2013 came into force. Therefore, the conditions mentioned in Section 24(2) of the Act of 2013 are satisfied in this case for allowing the plea of the appellants that the land acquisition proceedings are deemed to have lapsed in terms of Section 24(2) of the Act of 2013.”...

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

it doesn't matter if we have already accepted the compensation? And, is there no other provision under KIADB act for the government/NICE company to deny us the land?

You can file a petition in the land acquisition court seeking relief with the pleadings based on the reasons you rely upon, let the court decide about it.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

Yes you can approach the appropriate court or file writ petition in HC for the same. You can act as per the directions of the HC

Prashant Nayak
Advocate, Mumbai
27245 Answers
88 Consultations

4.4 on 5.0

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