• Compensation for land acquisition

I have a property and some portion is being acquired by BDA. My relative has filed a partition suit and got not to alienate injunction. The suit is for his 50% share which is in dispute. I claim I am the absolute owner. Now if the BDA acquires some portion is it possible that I may get money released for my undisputed portion? Is there any provision? It may take 2-3 months to get the order under 7/11 and also vacating injunction. Pl help.
Asked 7 years ago in Property Law
Religion: Hindu

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9 Answers

you can make a representation to the competent authority with documentary and claim compensation for acquisition of your land.

Mohammed Mujeeb
Advocate, Hyderabad
19344 Answers
32 Consultations

1) The Karnataka High Court has held that if compensation is not tendered or paid, it would not satisfy the requirement 
of payment of compensation, so as to complete the land acquisition proceedings. Further, it has said that such
conduct on part of the beneficiary would be tantamount to abandonment of acquisition.

2) You should get 50% share as owner and make application to BDA and provide case number which is running in the
court for vacating injunction as well.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

1. A proper land division govt. survey report shall be required to complete transaction and receive money by the Land Acquiring authorities.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

You and your relative have 50% undivided share in the land

Its not physically divided

So if you accept 50% payment, it will be like admitting that balance 50% belongs to your relative

Take out a notice of motion in partition suit and make BDA a party respondent

Seek direction to BDA to make 50% payment to you and balance 50% be deposited with court and invested in some specified security. This balance will be released to the party in whose favour suit is decreed

 

Yusuf Rampurawala
Advocate, Mumbai
7904 Answers
79 Consultations

Since partition suit is pending and order has been passed restraining you from selling the property BDA woukd not release funds to you pending disposal of suit 

 

youcan seek court orders to direct BDA to pay you your share of land acquisition proceeds 

Ajay Sethi
Advocate, Mumbai
99877 Answers
8150 Consultations

Yes for the undisputed portion an application can be given before the court and the authorities to release the amount. Move an interim miscellaneous application before the court. 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

If there's a dispute and a case is pending before court then the authorities may not disburse the compensation to anyone hence you may have to wait.

The authorities may even deposit the amount before court so that the disputing parties may withdraw the same once the case is disposed.

T Kalaiselvan
Advocate, Vellore
90073 Answers
2501 Consultations

Dear Client, 

Civil suit not maintainable against land acquisition. They can claim compensation from law acquisition officer by proving right on property.

If no objection before LAO, compensation will paid to u.

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

Dear Sir,

Yes, since the plaintiff claiming only of share in the disputed property as such wherever the BDA deposits the amount of compensation you raise claim over 50% of your share. If rejected by the Lower Court then approach Higher Court.

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

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