you cannot seek return of land as full compensation was paid to you and you have accepted the same
2) mere delay in starting project is not ground for return of land
Agriculture land acquisition on 1993 by government
Dear Sir/Madam , Our agriculture land 1 acre has been taken over by government of Tamilnadu for a project on 1993 under Land acquisition act for a chemical industry company ,but still now(2024) the project has not started and now the patta name showing under tamilnadu industrial department. 1. Can i ask the government to return back the land 2. If i file a suit ,how long it will take for judgement 3.They paid 28000 on 1993 ,can i return back now 4.Can i start my agriculture over the land pls advise.
Asked 2 years ago in Constitutional Law
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8 Answers
Sir ,project permanently stopped and some cases is going on ,still the land is vacant almost 400 acre.
Asked 2 years ago
until cases are disposed of project would not start . your chances of success are bleak
1. Since the Chemical industry has not yet been started even after the lapse of more than 30 years, you can petition the Government of Tamil Nadu to return back the land to it's rightful owner (you).
2. It may take more than a year.
3. Based on the Court's decision, you can return the compensation amount of Rs. 28000/- to the State Government.
4. Before starting the agricultural activities, ensure that you get back your land.
1. As per law, when any land acquired , but remains unutilized for a period of five years from the date of taking over the possession, the same shall be returned to the original owner or owners or their legal heirs, as the case may be, by reversion in the manner as may be prescribed by the appropriate Government.
- Since, that land is not utilized by the government of TN for a long period, then you can approach the collector or to the Tamil Nadu industrial department for getting return back.
2. It depend upon the burden of the Court
3. Yes
4. You should check the status of the cases which is pending before the Court.
You may have to file a writ petition before high court for repossession of the land acquired but not utilized so far.
When any land acquired under this Act remains unutilised for a period of five years from the date of taking over the possession, the same shall be returned to the original owner or owners or their legal heirs, as the case may be, or to the Land Bank of the appropriate Government by reversion in the manner as may be.
Time taken for disposal of the case cannot be predicted
i)No hard-and-fast rule can be laid down as to what act would constitute taking of possession of the acquired land.
ii)If the acquired land is vacant the act of the State authority concerned to go to the spot and prepare a panchanama will ordinarily be treated as sufficient to constitute taking of possession.
iii)If crop is standing on the acquired land or building / structure exists, mere going on the spot by the authority concerned will, by itself, be not sufficient for taking possession. Ordinarily, in such cases, the authority concerned will have to give notice to the occupier of the building / structure or the person who has cultivated the land and take possession in the presence of independent witnesses and get their signatures on the panchanama. Of course, refusal of the owner of the land or building / structure may not lead to an inference that the possession of the acquired land had not been taken.
iv)If the acquisition is of a large tract of land, it may not be possible for the acquiring / designated authority to take physical possession of each and every parcel of the land and it will be sufficient that symbolic possession is taken by preparing appropriate document in the presence of independent witnesses and getting their signatures on such document.
Dear Client,
Land obtained under the Land Acquisition Act of 2013 may be returned to the original owner after five years of non-usage. Under the 2013 law, such land "shall be returned to the original owner or owners or their legal heirs," according to Section 101.
You can seek compensation from state under lake acquisition Act
