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Does the acquisition of land fail merely because notice was not served


24-May-2023 (In Property Law)
X is the Government here and Y is the person whose property they have acquired.Z comes in after 12 years and claims that Y was not even the rightful owner but he was the owner.Z files a suit demanded for the property back.In other words is he still entitled to his land?
Answers (4)

Answer #1
586 votes
Sir,
In your case you have not explained the purpose of the acquisition. Any way once the government is acquired, then the government have the power to settle the claim to the person who is having better tittle.

There is delay in approach by Z. First of all the Z need to prove that he is having better tittle over the property.

I hope in the above case, Z cannot, because he is claiming back the property in belated stages. Apart from that there may be compensation awarded to the person who claim to the owner.

Moreover government acquisition. He can fight for compensation only if the land is utilized for the public purpose.
Answer #2
765 votes
The legal position till recently was that if notice is not served on the person, if there was a publication as required it would serve as a personal notice, except in cases of illiterates. But with passing of new land acquisition Law the rightful owner can demand the property back, and cause of action starts from the day he comes into know the acquisition.
Answer #3
679 votes
Without documents we con't give you proper solution,Right now you want to file under have to take your posission including have injunction also you contact the any advocate as soon as possible along with documents.
Answer #4
738 votes
yes, if Z was the real owner of the land and without his knowledge if Y was illegally has had acquired or changed the katha wrongfully, under such situation Z will entitle to take back the land and still is entitled to his land applicability of limitation act.

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