Can I file a separate writ petition in a land aquisition case
The collector,Visakhapatnam had taken over my father's land along with others for Vizag SEZ on 23-04-1991 without notifying its details such as Sy.no in the section 4(1)D.N and handed over its possession to VSEZ on the same date.upon challenging it in the high court of A.P, the High Court quashed the entire L.A proceedings related to my father's land due to the above reason giving liberty to aquire it again if requires in the year 1995.The collector, Vizag took his sweet time and issued section 4(1) D.N on 20-06-2000 and also section 6(1) D.D in 2001 and not completed further proceedings such as Prl.value assessement, passing award as per section 11-A etc., in the stipulated time, years lapsed, my father expired. No court stay all these years. All our attempt to enter in to my father land firmly thwarted by VSEZ, a GOI body and constructed a compound wall.filed police cases for trespassing ect.,The Revenue authorities supported the VSEZ. All these years, the land has been vacant, even now vacant with other lands.One of brother,who is visually challenged and an elementary school drop out filled a case stating that he is in possession of the suit land and not to interfere and alter the land as no compensation paid and no L.A proceedings exists. And obtained the stay as prayed for in the year 2012.But, both VSEZ and the Collector,Vizag stoutly opposed it by arguing the suit land was acquired way back in 1991. I corresponded and obtained the required information through RTI, and Reliazed that it is a case of " possession taken prior to 4(1) notification". All these year, the govt. not paid any compensation.As per the established law, we deserve not only reconveyance of the suit land but also rent for unlawfull possession of the suit land.now, question arises, can I file a separate W.P with the above plea? Pls. Guide.
Asked 2 years ago in Civil Law from Hyderabad, Telangana
Is Verdict in Bimandas Ambani v.DESU case by SCI applicable to my case? can I get rental compensation as in the case of Meddishetti Bala Ramulu civil appeal no.2693/2007?
Asked 2 years ago
1) in your case since no award has been passed and no compensation paid to land owner you would be entitled to compensation under 2013 Act
2)you can file writ petition in the high court for quashing of land acquistion proceedings and delivery of possession
Pune Municipalc Corp.& Anr. vs Harakchand Misirimal Sc has held that
1) Insofar as sub-section (1) of Section 24 is concerned, it begins with non obstante clause. By this, Parliament has given overriding effect to this provision over all other provisions of 2013 Act.It is provided in clause (a) that where the land acquisition proceedings have been initiated under the 1894 Act but no award under Section 11 is made, then the provisions of 2013 Act shall apply relating to the determination of compensation
2) SC has held that Section 114(1) of the 2013 Act repeals 1894 Act. Sub-section (2) of Section 114, however, makes Section 6 of the General Clauses Act, 1897 applicable with regard to the effect of repeal but this is subject to the provisions in the 2013 Act. Under Section 24(2) land acquisition proceedings initiated under the 1894 Act, by legal fiction, are deemed to have lapsed where award has been made five years or more prior to the commencement of 2013 Act and possession of the land is not taken or compensation has not been paid. The legal fiction under Section 24(2) comes into operation as soon as conditions stated therein are satisfied
1. You missed the bus by not filing a lawsuit for eviction against the govt if you were prevented from taking the possession of your land.
2. Since the entire acquisition proceedings do not confirm to the law you are at liberty to file a W.P to challenge the acquisition proceedings and also compensation for possession without the sanction of law.
Yes you can file a writ petition before high challenging the acquisition proceedings and you may even file a petition claiming compensation for holding your land so far. Since no award has been passes after acquiring the land, you are entitled to compensation.
The Forty-Fourth Amendment of 1978 ofthe constitution deleted the right to property from the list of fundamental rights with an introduction of a new provision, Article 300-A, which provided that "no person shall be deprived of his property save by authority of law" The amendment ensured that the right to property? is no more a fundamental right but rather a constitutional/legal right/as a statutory right and in the event of breach, the remedy available to an aggrieved person is through the High Court under Article 226 of the Indian Constitution.
State must pay compensation at the market value for such land, building or structure acquired.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.