1.Land acquisition notice to acquire 7 acres of residential land on February 1969.Under Urgency clause. 2.Goverment wanted to take possession in year of 1989 after 20 years. 3. 43 plot holder moved high court in 1989. 4. HC set aside land acquisition notice in 1990 due non compliance with section 4 and wrongly invoking urgency clause,but limited judgement to only 43 petitioner. 5.Other plot holder subsequently moved to HC and on basis of 1990 judgement got their land back. 6.I was not a party to 1990 judgement.I am in possession of the land and not received compensation. 7.Land has been not put to intended purpose. 8.Will I get my land back?
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Hello,
Yes you will get your land back.
File a case in the HC following the judgment passed by the court in 1990.
You will have to explain the delay as to why you did not approach the court at that time.
Are you still in possession of the land?
regards
Yes, as per Section 24 of the 2013 Land Acquisition Act, all acquisition proceedings in which an award was made five or more years prior to the commencement of the new Act shall be deemed to have lapsed if no compensation has been paid or if possession has not been taken.
You say that you have neither received any compensation nor have been made to part with possession, meaning you tick both boxes when you only need to tick one.
Here is Section 24(2):
“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:”
I think you have your answer.
FYI, the SC is pondering the question whether acquisitions can be said to have lapsed in cases where compensation remained unpaid as the owners refused to accept it.
Further queries welcome.
You have to file writ in HC to get your land back as no compensation paid nor land used for intended purpose
Yes, you can also file a case for retrieving your land on the basis of your possession of the property and also based on the judgment delivered in favor others of similar nature.
You can approach high court with a writ petition.
You can move to the high court for the cancellation of the land acquisition as per previous judgements and the delay has to be explained by you that why on your part there was such delay, in event no compensation is paid you will get your land back.
Dear Client,
If the acquired land cannot be used for the stated purpose, it must be returned to its original land owners, asme hold by SC.
