• Non-agricultural property

I made conversion of agri land to residential purpose. conversion order issued by dc during the year 2013. then during last year i have obtained plan approval from town planning for eka niveshan( single residetial site). I have already paid required developmental charges and a portion of property relinguished in favour of The Governor, karnataka state. Pending for issue of khata from gram panchayat. recently i have received notice from kiadb for acquisition of property under act,1966, sec 28/2. Property under question is almost fag end of development. At this whether KIADB can acquire the property
Asked 3 years ago in Property Law
Religion: Hindu

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14 Answers

File writ petition challenging acquisition of your land 

 

2) CAG Audit al stated that KIADB was reporting 3,510.93 acres as developed vacant (un-allotted) land. as of June 2017, KIADB was sleeping over an idle inventory of 6,593 acres of developed (and still un-allotted) land

 

3) contact a local lawyer ..


Ajay Sethi
Advocate, Mumbai
94719 Answers
7532 Consultations

5.0 on 5.0

Please challenge the notice before High Court under the writ petition invoking Extraordinary Jurisdiction of High Court under Articles 226 and 227 citing the facts as per the present post in this Forum. 

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

5.0 on 5.0

1. Reply to KIADB notice that you have fulfilled all the formalities, such as conversation of the land, paid development fees, obtained approval from Town Planning for single residential site, as also you have executed a Relinquishment Deed relinquishing a portion of the property in favour of the Governor, Karnataka State and was in the process of obtaining Katha from Grama Panchayat and request for withdrawing the acquisition notice and proceedings in respect of your land, through a registered post.

2.  Alternatively you can meet the Land Acquisition Officer and apprise him of the situation and try for cancellation of this move.

3.  If there's no positive response, approach the jurisdictional Court and obtain Injunction Order against the KIADB, to not proceed further in the matter till it's settled by Court.

Shashidhar S. Sastry
Advocate, Bangalore
5116 Answers
314 Consultations

5.0 on 5.0

Yes they can 

Swarupananda Neogi
Advocate, Kolkata
2964 Answers
6 Consultations

4.7 on 5.0

State can acquire any land for public purpose by due process. You are entitle to full refund (expanses incurred till not) with compensation at present market rate. 

Yogendra Singh Rajawat
Advocate, Jaipur
22636 Answers
31 Consultations

4.4 on 5.0

Yes KIADB can acquire the property. 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

Dear Sir/Madam,

It is suggested that  the said KIADB can't acquired the property and you are suggested to approach the court to restrain the KIADB from such action. 

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

- As per sec 28/2 of the Acquisition of land. Act, If at any time, in the opinion of the State Government, any land is required for the purpose of development by the Board, or for any other purpose in furtherance of the objects of this Act, the State Government may by notification, give notice of its intention to acquire such land.

- Since, you have all the approval from the town planning for eka niveshan , and further paid the required development fee , then you should reply the said notice after submitting all these proofs for the same. 

- Further , if no response then stay the said order after filing a Writ Petition before the High court. 

Mohammed Shahzad
Advocate, Delhi
13222 Answers
198 Consultations

5.0 on 5.0

If you have received notice from KIADB, you first go through their objection and by which law or rule that they place this objection.

If it is contrary to the law then you issue a legal reply notice mentioning that their objection is not maintainable, you can attach all the documentary evidences in your support to  establish your claim.

In the meantime you may also confirm that if there was any notification about the said acquisition and whether you have received the notice and what action you have taken on that.

You may also approach court with a suit for injunction against the authorities for the technical law of issuing notice at this stage when you have already completed the construction of the residence 

You may discuss with your advocate and proceed as per law.

 

T Kalaiselvan
Advocate, Vellore
84920 Answers
2195 Consultations

5.0 on 5.0

Please consult local lawyer who is more conversant with local laws.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

1. Yes KIADB can acquire the property.

2. If you dont want your property to be acquired then you can file writ petition before High court of Karnataka.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

It can acquire the property but for public purposes. Compensation as per the markwt value has to be paid.

Go through the notification.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

Yes you do the same and can acquire

Prashant Nayak
Advocate, Mumbai
31951 Answers
179 Consultations

4.1 on 5.0

  1. As per the information mentioned in the present query, makes it clear that there has now been a notice from the authority for the acquisition of the property which is at final development stage.
  2. I would like to apprise you that there is no law which can bar the acquisition, if the same is as per law and in your case it may also be difficult to get parted with the notice.
  3. But, yes you have all right ask for the compensation as per the law in and also at expedite basis which is your right reserved in case of the authority acquisition.

Sanjay Baniwal
Advocate, South Delhi
5474 Answers
13 Consultations

5.0 on 5.0

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