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