Land acquisition issue what to do
10-Mar-2023 (In Property Law)
Sir I need legal help for the land which were acquired by govt. Several years ago. You can go through following links and contact me through this mail id. http://m.timesofindia.com/city/delhi/HC-notice-to-L-G-building-department/articleshow/3729375.cms http://www.thehindu.com/2005/10/02/stories/2005100209970400.htm http://archive.indianexpress.com/news/explain-23year-delay-in-giving-compensation-high-court-tells-govt/387561/
Hello,
After going through the piece of news you shared, I would advice that;
As there is already a petition before the HC wherein a contempt proceedings are going on, and suggestions given by the court as to making a representation of all the farmers and presenting it to the district collector must have been complied with. As well a reply from the LG would have Come or been awaiting, you could proceed with a fresh contempt as well as a case under specific reliefs act read with the land acquisition act which in my belief should bear results.
I hope for the little information provided this answers your query.
Best
M. Faris
Advocate
After going through the piece of news you shared, I would advice that;
As there is already a petition before the HC wherein a contempt proceedings are going on, and suggestions given by the court as to making a representation of all the farmers and presenting it to the district collector must have been complied with. As well a reply from the LG would have Come or been awaiting, you could proceed with a fresh contempt as well as a case under specific reliefs act read with the land acquisition act which in my belief should bear results.
I hope for the little information provided this answers your query.
Best
M. Faris
Advocate
Can collector land be sold?
This process is complex in terms of land documents. You must confirm that the seller has paid old o/s Stamp Duty on all his previous transactions, and that they have been duly registered. The transfer fees must be paid.
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In 2017, the non-special category of those who sold an apartment in the island city within five years, with permission, will be charged a transfer fee that is now Rs 1,000 per square foot in 2017. This charge is 6% higher than the ready reckoner rate. 14 Jul 2017
Is NOC required for sale of flat in Pune?
No NOC is required. You are the absolute owner. You can sell your property if you have paid the full amount to the builder and the sale deed has been registered in your name. The builder will give the NOC. The charge cannot exceed 25000.
The orders passed by the Hon'ble High Court needs to be examined to answer your question besides details of your matter also required to be examined whether or not you are entitled to compensation and proof of exact area of the your land acquired. You may contact me for legal help through this website if you so desire.
The links are not working properly .As the question seems to be incomplete what exactly you want to know??The land was acquired under notification of land acquisition act have you claimed the award or not??Please specify the details and contact for further discussion thanks.
I would be more than happy to help in my opinion you have a good case in administrative law and you should surely approach the court for redressal of your grievances. Your case is excellent. I am also sure that the courts shall be happy to grant you the relief sought by you.
According to the indian law
The Apex Court held unambiguously that the consequence for delay in awarding compensation in land acquisition by the governments has to be borne by the “errant state” and not the “innocent land owners”,
The Supreme Court has ruled that land acquisition proceedings are deemed to have lapsed if the government fails to compensate landowners or take possession of acquired land within two years.
The court said if the government was keen on retaining the acquired land, it must re-initiate acquisition proceedings as provided under the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013.
The court said Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013, was clear that if acquisition proceedings were not followed by payment of compensation or possession, the acquisition lapses.
The Apex Court held unambiguously that the consequence for delay in awarding compensation in land acquisition by the governments has to be borne by the “errant state” and not the “innocent land owners”,
The Supreme Court has ruled that land acquisition proceedings are deemed to have lapsed if the government fails to compensate landowners or take possession of acquired land within two years.
The court said if the government was keen on retaining the acquired land, it must re-initiate acquisition proceedings as provided under the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013.
The court said Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013, was clear that if acquisition proceedings were not followed by payment of compensation or possession, the acquisition lapses.
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