• Acquisition of land from KBJNL

Sir in 1989 our 24 acre land was acquired by KBJNL for the purpose of taking mud to build a canal in our area. But not a single bucket mud was taken from our land. We take compensation from KBJNL. But since acquisition we are only cultivate the land from 1989 to still date. We want to pay the money back to department as today’s market rate of Sub register office. Can any option is there sir to get back our land. Thanku.
Asked 4 years ago in Civil Law

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9 Answers

Firstly, If the same was already been given to the state then it is not as per your own wish to get the same back.

Secondly, you can make a representation to the concerned department to show your interest plus reason to get the land back at your name.

Thirdly, sometimes there may be a public notice also to purchase the land belongs to government though this may be not in your case.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

So, as I said right then request to buy the same piece of land as per circle rate, but yes you can’t have force on them to sell the same to you, but again it may be done in your case as it was earlier belonged to you then after which also you were cultivating the same land.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

If the land was acquired from you for public use and has not been put to use see first of fall there is no procedure for claiming that land like this as you have already received the compensation bit you have possession of the property and that is adverse possession since it has been more than 30 years.Thing you can do is file a writ before high court for cancellation of acquasituon happened in 1984 to get the land title back and you can put a claim there to refund the amount with reasonable interest as it is agriculture land possession is not taken by goverment and not.put to any use so there is chance high court may pass a favourable order.

Department doesn't have any direct power under old act to return land.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Also under recent development in law if the land is acquired and the compensation is paid and accepted in that case government maintains the status quo and keep the title but you can take a.chance high court is only.option otherwise you can keep enjoying the possession of some.day government.file for possession you can claim.adverse possession against it.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

in your case acquisition of land has been completed award passed and compensation paid to you

2) file writ in HC to set aside acquisition order and offer to return compensation amount

3) rely upon letter by KBJNL that they dont require the land

Ajay Sethi
Advocate, Mumbai
87973 Answers
6207 Consultations

5.0 on 5.0

file writ petition as advised herein above

Ajay Sethi
Advocate, Mumbai
87973 Answers
6207 Consultations

5.0 on 5.0

As per the land acquisition act, if the land acquired and the compensation is paid then the land owner is divested of his title.

Section 11(A) of the land acquisition act, 1894, says that the Collector shall make an award under Section 11 within a period of two years from the date of publication of the declaration and if no award is made within that period, the entire proceedings for the acquisition of the land lapses.

48-B. Transfer of land to original owner in certain cases.-Where the Government are satisfied that the land vest in the Government under this Act is not required for the purpose for which it was acquired, or for any other public purpose, the Government may transfer such land to the original owner who is willing to repay the amount paid to him under this Act for the acquisition of such land inclusive of the amount referred to in sub-section (A-1) and (2) of Section 23, if any, paid under this Act."

A reading of the above provision would reveal that for invoking Section 48-B of the Land Acquisition Act.

(i) The Government should be satisfied that the land vested with it under the Act is not required for the purpose for which it was acquired or for any other public purpose.

(ii) In that event, the Government may transfer such land to the original owner, who is willing to repay the amount paid to him for the acquisition.

Only after subjective satisfaction when that the land is not required for the purpose, the Government may transfer. It is not mandatory / obligatory on the part of the Government to transfer such land and it is evident by employment of word "may" in the said Section.

T Kalaiselvan
Advocate, Vellore
78131 Answers
1543 Consultations

5.0 on 5.0

Sir the department officers given a letter that the land is no use for department. Because all the canal works is complete.

Section 48 B of land acquisition act says:

Where the Government are satisfied that the land vest in the Government under this Act is not required for the purpose for which it was acquired, or for any other public purpose, the Government may transfer such land to the original owner who is willing to repay the amount paid to him under this Act for the acquisition of such land , the land may be re-conveyed to the owner.

In Commissioner, Corporation of Chennai vs. R.Sivasankara Mehta and another reported in 2011 (5) SCALE 114, the Apex Court in held that the land owners had no right to apply for re-conveyance of land vested long ago.

The conditions precedent are that the Government must be satisfied that the land vested in the Government under this Act is (a) not required for the purpose for which it was acquired; or (b) not required for any other public purpose. The conditions consequent is that the Government can transfer such land to the original owner who is (a) willing to repay the amount paid to him under the Act for such acquisition; and (b) this amount would include also the amount referred to in sub-section (1-A) and (2) of Section 23 of the said Act, if any paid.

This provision i s applicable only in Tamilnadu

T Kalaiselvan
Advocate, Vellore
78131 Answers
1543 Consultations

5.0 on 5.0

Dear Sir

You can get favourable orders from HC which will denotify on the endorsement given by the department

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

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