1. since you have received the compensation against the acquisition of your land, you cannot object that the land is not used for the purpose for which it was acquired from you

2. the acquisition itself took place in 1960. Court will not entertain any grievance after lapse of substantial amount of time

3. if you challenge the non-use of the land for which it was acquired, chances of you succeeding are very bleak

4. nevertheless you can fil a RTI Application with the competent authority to know whether the reservation of highway on that land is still there or has been removed

award has been passed in 1960 and compensation duly paid to you

2) hence land vests with govt . if land is not used for purpose for which it was acquired for over 50 years acquisition of land can be quashed

3) if road has been constructed on different portion of land which was not acquired you can claim compensation

1. whether any award was passed for acquiring the land?

2. the land acquisition is deemed to have lapsed only when the award passed under the old act atleast 5 years prior to the commencement of new act, and no compensation is paid to the owner and possession is still with the owner

3. in your case, compensation is already paid to you and i assume possession is also with the government

4. so the acquisition cannot be said to have lapsed

5. section 28 of new 2013 act has no application in your case. It deals with the amount of compensation to be awarded under the new land acquisition act which commenced from 1.1.14. In your case, the land already stood acquired in 1960

1. SINCE you have already accepted Compensation and handed over the plot of land, there is no scope of reclaiming it back. HOWEVER you may approach the district collector or the relevant authority to find out details on the progress of work or to rescind the earlier acquisiton order, which was earlier acquired for Public purposes.

Keep Smiling .... Hemant Agarwal

Dear Client,

AS per land acquisition act, if acquired land cannot used for stated purpose, it must to be returned to actual owner.

No application of sec 28, Approach High Court,

thanks for your 'poor' rating sir

i am only stating what is tenable in law

1) Under Section 24(2), three parameters have been indicated and satisfaction of these would mean that land acquisition proceedings have lapsed. First, the award should be published five years prior to the date of commencement of the Act, i.e.,January 1, 2014. Second, the physical possession of the land is not taken. Third, the compensation is not paid....

2) in your case compensation has been paid to you . hence acqusiion of land would not lapse

3) you can offer to return compensation amount with interest

24. Land acquisition process under Act No. 1 of 1894 shall be deemed to have lapsed in

certain cases.–(1) Notwithstanding anything contained in this Act, in any case of land acquisition

proceedings initiated under the Land Acquisition Act, 1894,—

(a) where no award under section 11 of the said Land Acquisition Act has been made, then, all

provisions of this Act relating to the determination of compensation shall apply; or

(b) where an award under said section 11 has been made, then such proceedings shall continue

under the provisions of the said Land Acquisition Act, as if the said Act has not been repealed.

(2) Notwithstanding anything contained in sub-section (1), in case of land acquisition proceedings

initiated under the Land Acquisition Act, 1894 (1 of 1894), where an award under the said section 11

has been made five years or more prior to the commencement of this Act but the physical possession

of the land has not been taken or the compensation has not been paid the said proceedings shall be

deemed to have lapsed and the appropriate Government, if it so chooses, shall initiate the proceedings

of such land acquisition afresh in accordance with the provisions of this Act:

Provided that where an award has been made and compensation in respect of a majority of land

holdings has not been deposited in the account of the beneficiaries, then, all beneficiaries specified in

the notification for acquisition under section 4 of the said Land Acquisition Act, shall be entitled to

compensation in accordance with the provisions of this Act.

the relevant section from new act is reproduced above

is award passed for acquisition in your case?

if award was passed but either possession was not taken or compensation was not paid, then acquisition proceedings under old act will lapse and the government can initiate fresh acquisition proceedings under the new act, if it so chooses

so if in your case award was passed under old act but possession is still with you, then acquisition proceeding will lapse

if award was not passed, then all provisions relating to determination of compensation u/s 28 of new act will apply

1. POSSESSION of Govt. Acquired Land is illegal and does not entitle any Title-Ownership rights by the holder of land.

2. WHEN (IF) the work starts, you will have to simply surrender the land or face prosecution. UNLESS & UNTILL you have moved proper process of law to rescind the earlier acquisation process.

Keep Smiling .... Hemant Agarwal

Than cancellation of acquisition for non possession of land u/s 24 (2) Of the Act 2013.

Yes the acquisition will laps

Approach the HC

If the land acquired was not utilised for the purpose and remains without utilization for more than5 years then you can make a claim for that with willingness to return the compensation amount.

You first gather concrete information on the subject matter and then proceed with your proposal to reclaim the property.

There are provisions in the latest amendment in this regard.

Possession with you is the added advantage to your situation.

You may discuss with a local advocate and proceed as per the advice received.

Though the limitation period has already been lapses you can’t do anything.

But, if you have been saying that you are in the possession of the land which was not taken and compensated by them then you may be able o prove your right over the same.

Though you can’t ask for the compensation if they have built it 12 years ago.

Dear Sir,

It is abnormal delay in exercising your rights. The Supreme Court says a person who sleeps over his legal rights for years together cannot claim any remedy before the Court. However you take a chance on several grounds and put a claim for compensation in respect of land on which road was put up without acquisition. Further you can file another writ petition to declare the acquisition proceedings as lapsed in respect of land duly acquired and compensation paid.

Section 28 of the REHABILITATION AND RESETTLEMENT ACT, 2013 is not applicable in your case, as the acquisition took place in1960.

However, you can file writ in HC for rescindment of acquisition as it was never used for the purpose for which it was acquired.

Possession with you would be an added advantage.