• Aquire Lnnd

In 1975 land was acquired by government.Gov.awarded the aquired land.Amount of awarded has been deposited with court. On 7/12 rehabilitation entry in the revenue record was recorded but Gov.did not take passion of the land from the land owners.In 2013 land owners asked their land back form the Gov. collector have given his oppinion that Gov.dosenot require this land.Colector has declared that land passion has not taken by Gov.File has gone to Secretary in Gandhinager. Secretary said that as amount had been deposited with court,hence sir its considered as amount is paid to land owners or not ?. 
If not sir any supreme court judgments.
Asked 6 years ago in Property Law
Religion: Hindu

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8 Answers

Land Acquisition Lapses If Possession Has Not Been Taken & Compensation Unpaid.

Further where award under the Land Acquisition Act, 1894 Act had already been passed prior to coming into force of the 2013 Act, but payment is yet to be made and possession is yet to be taken. In that case, the further proceedings after the award could continue under the old Act of 1894 but if either payment or possession has not taken effect in five years prior to the 2013 Act, then proceedings will lapse.

AND compensation deposited with a competent court and retained in the treasury, then the acquisition would be deemed to have lapsed and would be covered under the 2013 law entitling the landowners to higher compensation.

 

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

The land acquisition judge is the ultimate authority who distributes the amount received against acquisition of land from the government if it not distributed among the land owners it does not mean that the amount has already been paid in your case as the land has not been taken by the government and the amount of compensation has been not distributed by the land acquisition officer through the land acquisition judge this acquisition is not complete and you have the authority to possession of land

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

Supreme Court in Pune Municipal Corporation & another vs. Harakchand Misirimal Sonanki & ors 2014 (3) SCC 183.

 

for the purposes of Section 24(2), the compensation shall be regarded as "paid" if the compensation has been offered to the person interested and such compensation has been deposited in the court where reference under Section 18 can be made on happening of any of the contingencies contemplated under Section 31(2) of the 1894 Act. In other words, the compensation may be said to have been "paid" within the meaning of Section 24(2) when the Collector (or for that matter Land Acquisition Officer) has discharged his obligation and deposited the amount of compensation in court and made that amount available to the interested person to be dealt with as provided in Sections 32 and 33.

Ajay Sethi
Advocate, Mumbai
100087 Answers
8173 Consultations

Land acquisition invalid if compensation not paid to owner. there are certain supreme court judgement which say that if compensation is not paid the land has to be restored back to the original owner.

Mohammed Mujeeb
Advocate, Hyderabad
19388 Answers
32 Consultations

I have already quoted SC judgment 

Ajay Sethi
Advocate, Mumbai
100087 Answers
8173 Consultations

Dr. Radhakrishna Co-Operative ... vs Government Of Karnataka, Housing ... on 27 March, 1998

Mohammed Mujeeb
Advocate, Hyderabad
19388 Answers
32 Consultations

No the acquisition failed and the landowners will be the absolute owners. As the money was deposited in court and never reached you.  You can file writ petition if you require in high Court

Prashant Nayak
Advocate, Mumbai
34747 Answers
252 Consultations

If the compensation amount deposited in court have not released in the accounts of land owners then it is not considered as amount paid to land owners. 

You can file petition in court for returning the amount to collector for release of land on name of land owners as the land is not required by govt any more.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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