• Land acquired but possession not taken

Sir,

We purchased a piece of land in 1970 having area of 36 gunthe. We had demarcation of the same land which measures 36 gunthe in 1970.

In 1982 jameen ekatrikaran yogana(marathi) was done and all the survey numbers were given new gat numbers. Our survey number was also given new gat no 185. But the area of the land was changed to 29 gunthe. There was no notice of road widening or anything.

Lot of application were given to superintendent of land records, but no reply was given back. Later as per the new records they told to make a new demarcation. As per their record there gave land demarcated only of 29 gunthe.

This area matter is still as it is as on today

Secondly In 1985 indian oil petroleum depot was setup near my land. In 1997 Indian oil corporation depot (IOC) wanted extra land for their expansion plans. So they planned to acquire nearby 85 gunthe, including my 29 gunthe land.

In 1997 I got notice about being land acquired. I took objection for the same, Later award was declared of Rs 2,86,000 for same land in 1999. We took objection against it that it's very less value as per the market rate.

In 2003 our neighbors land owners gave verbal threat to the manager of IOC depot, that if they try to take possession on that land they will kill the manager.

Because of this threats, local manager of Indian Oil Corporation depot decided to back off from that matter. So they gave a letter to special acquisition office  mentioned as follows

"We have got several verbal threats from local people. Also we have also accommodated our expansion plans in available existing land, So in this case we request to remove 
acquisition from the newly acquired land."

Later on nothing happened. As on today 7/12 extract is clear on my name. Possession is with me. Zone maps shows its red zone. Non development zone. Earlier before 1997 this zone was social welfare centre zone later it was deleted and mentioned this land acquired for IOC depot. In zone certificate this land is orange bordered and orange border is mentioned as deletion made under section 50 of M.R & T.P act 1966.

In 2009, I gave application to special acquisition officer to release this land under section of 48 of land acquisition act 1894, as possession of the land still not taken and we have also not taken the award of the same land, and IOC manager has also mentioned that they have accommodate their expanssion plan in available land & they dont further require this land.  But no reply from special acquisition officer.

Now my question is
1) How Can I get this land back clearly
2) How can i get my 7 guntha missing during jameen ekatrikaran yogana(marathi)

I am working since 2007 for this land but i am not getting how & from where should i proceed to solve this land matter. I dont know whether this matter is going to get solve or not...

Reply
Asked 1 year ago in Property Law from Pune, Maharashtra
Religion: Hindu
1) you will have to file writ petition in HC for release of your land as IOC did not require the land any more and have requested land be released from acquistion 

2)the SC has held bfollowing conditions should always be considered to determine if the acquisition proceedings had lapsed or not.

"First, the factum of an Award under Section 11 of the Land Acquisition Act, 1894, must be clearly established. The said Award must predate the commencement of the Act, i.e. 01.01.2014 (2013 Act) by at least five years or more i.e. the Award must have been passed on or before 1.01.2009. This having been established, if possession is found to not have been taken, or compensation not paid, then the proceedings shall be deemed to have lapsed.

"Thereafter, the appropriate government, if it so chooses, may re-initiate acquisition proceedings in respect of the same land, but under the 2013 Act's regime," Justice Sen said.

3) HC will quash acquistion proceedings 
Ajay Sethi
Advocate, Mumbai
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1)you have good case on merits as pursuant to the award no compensation has been paid nor possession taken 

2)legal fees vary .

3) disposal of writ would depend upon pend ency of cases in the HC 

4) you can contact any lawyer on this website in this regard . 
Ajay Sethi
Advocate, Mumbai
23392 Answers
1229 Consultations
5.0 on 5.0
1. The possession of the land was not taken after the notification of acquisition as the proposal was shelved. Thee possession cannot be taken now after more than 12 years, so the notification has become infructuous. As a corollary thereto, the land must be released under sec.48.

2. The remedy available to you is to move the High Court for the release of your land by laying a challenge to the notification. You stand a good chance as acquisition has not been done. 

3. If you want a competent lawyer who is result oriented he will charge you more than 'lowest charges'. 
Ashish Davessar
Advocate, Jaipur
18264 Answers
450 Consultations
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The remedy available to an aggrieved person is through the High Court under Article 226 of the Indian Constitution by filing a writ in this regard.  
The land was acquired more than twelve years but possession not taken as well as the compensation is yet to be paid or not paid so far, hence  you have bright chances for getting the acquisition order quashed and regain possession of land. 
The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 says the land unutilized for 5 years should be returned to the owner.
The Collector shall make an award under section II within a (period of two years from the date ofthe publication ofthe declaration and ifno award is made within that period. the entire proceedings for the acquisition of the land shall lapse: Provided that in a case where the said declaration has been published before the commencement of the Land Acquisition (Amendment) Act. 1984. the award shall be made within a period of two years from such commencements. 



I am working since 2007 for this land but i am not getting how & from where should i proceed to solve this land matter. I dont know whether this matter is going to get solve or not...
You have to file a writ petition before high court seeking the relief of quashing the acquisition order passed by collector explaining the grounds properly.



How much time and money is involved to clear high court writ petition matter ?
It depends on the burden of pending writs of the high court.


Can u suggest any advocate who will admit writ petition case in high court, 
Who can give fastest results at lowest charges.
You have to look for one by yourself and the fee will vary from one to another. 

T Kalaiselvan
Advocate, Vellore
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128 Consultations
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