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Rahul (Owner)     10 April 2010

Acquired Land

Can an acquired property be claimed back if the purpose for which the government had acquired the said property has not been initiated since about 35 years???. The property was acquired by passing a special resolution in 1975 and the award was paid at that time.  But no development has been proceeded yet.

Please inform me with the Section numbers or any Judgement details if any.



Learning

 6 Replies

Arvind Singh Chauhan (advocate)     10 April 2010

I am also eager to know the same answer. In my case the property is donated to govt. for  building the hospital. Land was transferred also but govt didn't erect the building and hospital was built  some another place. Can doner reacquire the land already donated.?

N RAMESH. (Advocate Chennai. Formerly Civil Judge. Mobile.09444261613)     11 April 2010

Earlier the Madras high Court has declared that the acquired land if not used, can be re-conveyed by the government.

Refer:  https://www.indiankanoon.org/doc/1719198/

Dharmalingam vs Govt of Tamilnadu

Judgment dated 5 August, 2009

Recently,  the Supreme Court has declared that the land once allocated to an agency for execution of a project cannot be recovered and restored to the land owners even if the proposed project had not come up.

Tamil Nadu Housing Board vs L. Chandrasekaran And Others 

Judgment dated 29 January, 2010

See :   https://www.indiankanoon.org/doc/679914/

Rahul (Owner)     13 April 2010

Thank you Sir,

I Appreciate your prompt gesture. In our case, the Acquisition took place by passing a special resolution in 1975 and the land was acquired sort of forcibly. We used to run agriculture business on the said property and the government acquired it for public welfare etc and paid an award to us after a long time of the acquisition. After the acquisition, the government itself gave the property on contract for about 32 years for agricultural activities instead of using the same for the purpose it was supposed to be. We lost a fortune and the most sensitive part is that the award given to us formed 2/3 portion for the kind of trees and farming activities being carried out and 1/3 for the land. The land is lying as it is but a major of trees and plants have died or been removed. Im trying to get the exact details of the sections in which the land was acquired with the dates of award and the exact current status of the land.

Vinod kashyap (Advocate & Legal advisor)     14 April 2010

once land acquired for public purpose it can not restored to owner. As per land revenue code no land could be alloted if reserved for public purpose. now owner of acquired land is govt.. and ur demand treat as fresh land allotment.

Rahul (Owner)     14 April 2010

Respected Sir / (s)

Thank You & I Appreciate your prompt gesture.

In our case, the Acquisition took place by passing a special resolution in 1975 and the land was acquired sort of forcibly. We used to run agriculture business on the said property and the government acquired it for public welfare etc and paid an award to us after a long time of the acquisition. After the acquisition, the government itself gave the property on contract for about 32 years for agricultural activities instead of using the same for the purpose it was supposed to be. We lost a fortune and the most sensitive part is that the award given to us formed 2/3 portion for the kind of trees and farming activities being carried out and 1/3 for the land. The land is lying as it is but a major of trees and plants have died or been removed.

Total of about 17.5 Acre land was acquired and ours was around 5.5 acre. Some mention of section 18 & Section 4 reflects in the papers and the property is still lying as it is. Our business of agriculture suffered due to acquisition and the govt. continued the same business on the said property for more than 35 years instead of using it for public welfare, clearly shows the malafied intentions of the ruling party to shape personal grunches.

We wish to get back our ancestral land which was acquired forcibly and bring back the pride to our grand fathers. We have even heard from the older people that the land was acquired only because the ruling party wanted to show their power and prove their superiority and degrade the family image of our grand fathers. They had challenged that they will bring our family on road and they did it.

I do not know precisely but after reading some case laws, i understand some section 48B with some others whereby we can claim back our land.

Kindly let us know the possibilities.

Best Regards,

N RAMESH. (Advocate Chennai. Formerly Civil Judge. Mobile.09444261613)     15 April 2010

where is the land located?

Which year and under which act (purpose) the land was acquired?


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