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Bought land already acquired by housing board how to get Patta for it
24-Mar-2023 (In Property Law)
I have bought the land in Coimbatore December 2004 . We have verified in register office by EC , there is no issues in land and registered the land from land owner. Now we try to get PATTA for that land and learned that that land has been acquired by Tamilnadu housing board on 1997 and it has paid the amount to court on 1998. this information not displayed in EC when we received from register office.The person sold the land to me not received that money and non of the land owner collected that money. Many people constructed the house in same accusation land area. Now i am not able to get PATTA because the land acquired by housing board. But when i put EC , i am able to see my name in EC. Housing board is not taken the Possession of the land past 20 years and still the land is under my control. We can see that many registration also happening on same SF number. My SF Number is 297/1 in Kalappati Village East. Please advise how to get Patta and get relief from Housing board.
As according to you at no point of time ever since the acquisition, the Housing Board was under possession of the acquired property nor the respondents' name have been mutated in the revenue records. thus, you can claim your right under Section 24(2) of the Central Act of 30 of 2013. The said Act enables the landowner/subsequent purchaser who has claim in the hands of the landowner are entitled to treat the Land Acquisition Proceedings as lapsed if the same is not taken physical possession for more than five years or more years and the extract of the said section is given here below:-
Section 24 "(2) Notwithstanding anything contained in Sub-Section (1), in case of Land Acquisition Proceedings initiated under the Land Acquisition Act, 1894, where an award under the said Section 11 has been made five years or more prior to the commencement of this Act but the physical possession of the land has not been taken or the compensation has not been paid in the said proceedings shall be deemed to have lapsed and the appropriate Government, if it so chooses, shall initiate the proceedings of such land acquisition afresh in accordance with the provision of this Act."
Therefore, the owner/subsequent purchaser is entitled for his legal right to hold on the property which is unclaimed or taken possession by the respondents even after the acquisition proceedings. The petitioner further submits that the contention is that he along with other flat owners are entitled for the legal relief provided under the Central Act 30 of 2013, which overrides the previous enactment of 1894 Land Acquisition Act under which the alleged acquisition took place and not acted upon by taking physical possession.
Section 24 "(2) Notwithstanding anything contained in Sub-Section (1), in case of Land Acquisition Proceedings initiated under the Land Acquisition Act, 1894, where an award under the said Section 11 has been made five years or more prior to the commencement of this Act but the physical possession of the land has not been taken or the compensation has not been paid in the said proceedings shall be deemed to have lapsed and the appropriate Government, if it so chooses, shall initiate the proceedings of such land acquisition afresh in accordance with the provision of this Act."
Therefore, the owner/subsequent purchaser is entitled for his legal right to hold on the property which is unclaimed or taken possession by the respondents even after the acquisition proceedings. The petitioner further submits that the contention is that he along with other flat owners are entitled for the legal relief provided under the Central Act 30 of 2013, which overrides the previous enactment of 1894 Land Acquisition Act under which the alleged acquisition took place and not acted upon by taking physical possession.
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Adv. Siddhant Sharma
Delhi | 500+ Answers
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