• Removal of Section 4 of land and acquisition act 1984

We have a CLU land ( before: agricultural land) in village kassar, city : Bahadurgarh of Haryana which was bought in the year back 1996. Then in 2001, government issued notice of Acquisition of the whole village land for establishing Industrial area, now known as HSIIDC ( haryana State industrial and infrastructure Development corporation Ltd) under section 4 of L& A Act 1984. We filed objection to the DRO office in the same year and the land was released and left out by HSIIDC. In the Month of April 2018 when we checked into Patwari records , Section 4 was still there in the land records. After observing we also gave an application to the patwari for the removal of Sec 4 but he denied and told us to bring the letter from the department which had issued notice of acquisition / involvement in the acquisition process, written that our land has been left out from the acquisition. We have also seek advice from the local lawyer and they said that Section 4 automatically lapses in 1 year if acquisition doesnot take place. But Patwari is reluctant and doesn't obey that. 
Now My question is that What should we do to remove section 4 from our records?
Where do we file complained/ application for such removal?
Which court order reference can we give for such removal?
We have a manufacturing unit here since 1997 and doing business under Pvt Ltd concern. but the land is owned and Director cum shareholder and has been leased out to the company on 99 years Agreement. Pls help, Replies waited, feel free to ask in case of further info
Asked 4 years ago in Property Law
Religion: Hindu

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12 Answers

Dear Sir,

You may file representations to all the higher ups of the department for removal of Section 4. If no action taken by them, then you may produce the copies of the same and approach High Court which will definitely pass necessary directions to the concerned authority.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

Sir approach the tehsildar Court/ Revenue court for correcting the revenue records, submit copy of objection and the order for leaving your land from the acquisition before him.

The tehsildar shall call upon the record and can make such order.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1) file writ petition in HC to direct authorities to remove section 4 land acquisition from your records

2) enclose copy of correspondence exchanged with patwari and HSIDC

3) enclose letter from HSIDC for removal of your land from acquisition

Ajay Sethi
Advocate, Mumbai
87911 Answers
6207 Consultations

5.0 on 5.0

I think you need to approach the Punjab and Haryana High Court with a writ of mandamus.

Contact a local lawyer in the High Court having experience of handling land acquisition matters.

File a writ seeking direction against the concerned erring officials of the Department.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

Dear Client,

You must have order of release of land from and acquisition. You just apply to Tehsildaar office through written application attached with order of release, for removal of sec 4 and than let the patwari ask for departmental approval in written, question the same before higher authority.;

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

1. if the patwari has disallowed your application in writing then you will have to challenge the same by filing an appeal before the competent authority who is superior to the patwari

2. if the higher authorities also do not take any action on your application, then you will have to invoke the writ jurisdiction of the High Court by filing a writ petition

Yusuf Rampurawala
Advocate, Mumbai
6880 Answers
79 Consultations

5.0 on 5.0

If award not made within 2 years, acquisition lapses automatically but in old act, which is repealed and under new act, in 5 years,

Also, acquisition lapse by virtue of sec 24 ( 2) of new act. when possession not taken and compensation unpaid.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Section 4 of land acquisition act 1894 provides that where land is required for public purpose notification should be published in official gazette and 2 local newspapers in locality

2) after publication it shall be lawful for officers to enter land , mark boundaries

3) officer shall submit report of his investigations within 3 months to deputy commissioner and maximum period of 6 months and deputy commissioner shall submit report to state govt

2) under section 24(2) of land acquisition act 2013 Land Acquisition Lapses If Possession Has Not Been Taken & Compensation Unpaid: Bombay HC...

Ajay Sethi
Advocate, Mumbai
87911 Answers
6207 Consultations

5.0 on 5.0

Sir, no the 1 year condition is not correct the, the acquasition lapses in accordance with section 24 of the THE RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION, REHABILITATION AND RESETTLEMENT ACT, 2013

Kindly refer the section: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

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Now My question is that What should we do to remove section 4 from our records?

You may have to file an application before the land acquisition department in this regard.

Where do we file complained/ application for such removal?

See the above answer.

Which court order reference can we give for such removal?

No court order is required even before submitting an application for this purpose.

We have a manufacturing unit here since 1997 and doing business under Pvt Ltd concern. but the land is owned and Director cum shareholder and has been leased out to the company on 99 years Agreement. Pls help, Replies waited, feel free to ask in case of further info

Since the property is under possession, you may not worry about the patwari land records.

You can approach district collector's office and submit an application to obtain the decision that the land acquisition of this land was not done.

Then approach the patwari for further necessary action.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

As per law whether this section 4 lapses/ become void within 1 year if not acquired by the government under Land and Acquisition Act 1984. According to our case the order was of 2001 and we still are the owner of the property

Even if it lapses after one year, the Village patwari records cannot be updated until an instruction in writing is issued on this subject.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

Speedy remedy would be writ petition before hc

Prashant Nayak
Advocate, Mumbai
27245 Answers
88 Consultations

4.4 on 5.0

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