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meena jain (manager)     11 April 2013

Can i get back my land acquired under r.a.i.p act

 

hello sir,

 need your urgent  suggestion and advice.

1) our lands were  requsitioned in 1942 by British govt and then permanently acquired in year 1953 by govt of india for the extension of santacruz aerodome at mumbai by publishing in govt gazzette in 1953.

2) till date no compensation paid to owners,

3)  purpose was  for extension of santacruz aerodome.

4) we are fighting  for the fair compensation with the collector and AAI, and the matter in under arbitration.

5) To our shock and  surprise on inspection of the land site new facts emerged that the lands that were acquired by collector for AAI(airports authority of india) are not not used for the extension of airport of india but given on lease to some private hotel.

6) When asked AAI through RTI that whether they have any kind of agreement with the acquiring body owners,award copy made by collector / AAI, payment slip, posession receipt,taba pavti,or any kind of agreement between owners and airport authority of india/collector , the AAI reply was that they dont have any agreement of any sort and u may approach collector for all those details.

8) When asked concerned collector through RTI for   any kind of agreement with the acquiring body owners,award copy made by collector / AAI, payment slip, posession receipt,taba pavti,or any kind of agreement between owners and collector,the collector replied they dont have  any kind of agreement award copy or payment slip or posession receipt for the said lands..

8) some portions of the lands are lying vacant,some portion given on lease to private hotel, the lands are kept in non avaiation zone, and put under commercial 2 zone (c2)

9) We were shocked that how can the govt and airport authority of india change the purpose,the purpose  for which the lands were acquired was extension of santacruz aerodome,but the airport authority of india  gave on lease , the lease is also over now  and no money compensation paid and no award made.

9) so now i need advice from you as the lands are not utilised for the purpose it was taken,no compensation paid, the lands were acquired under requsition and acqusition act of immovable property act  1952 so called  R.A.I.P act  which clearly says that if the purpose for which the land acquired ceases to exist the land should be restored back to original owners..

 what the collector/AAI had done is against the principle of social justice  and voilation of human rights by depriving the owners of their lands by  not acquiring the lands properly ,not paying any comensation till date and the   acquired lands not utiised for the purpose  for which they were  taken and given them  to private hotels on lease for commercial gains.

10) so i humbly request you to advise me ,guide me how shud i proceed further from here and  what shud be my course of action to get back my lands and stop the on going arbitration for compensation.,awiting your replies eagerly,

regards truely yours

meena



Learning

 5 Replies

bhagwat patil (Property due diligence 9422773303)     11 April 2013

There are several lands in India first requisitioned in 1942 for war purpose subsequently acquired by by govt of India in 1953 as the agreement of 1942 say the land should be restored to the owner as soon as the war was over.but it was not done after independence our rulers passed 1953 requisition acquisition act and kept the title.in recent supreme court judgement the purpose of the aquired land cannot be changed it should be re granted to original owner.

K SHIVAKUMAR (Marketing Head)     01 June 2013

Thanks for the information. Our lands were also acquired way back in 1987. The lands continue to remain vacant. Request for following:

1. Reference of Supreme court judgements where lands need to be given back

2. In case we decide to claim back the land, should we appeal in High Court or Supreme Court?

Thanks

Shiv

meena jain (manager)     02 June 2013

hello bhawat ji,

thank you for your morale boosting reply can i know the names of those judgements and can u elobrate some more details  on this how to claim back and get back my land in R.A.I.P act  case with your expert knowledge,

regards truely yours,

meena jain

K SHIVAKUMAR (Marketing Head)     17 June 2013

Bhagwat Ji;

Appreciate if you could enlighten us on SC judgements which will help us getting our land reconveyed.

Thanks

Shivakumar

Sanjay Bandhe   03 April 2023

The defence of India act 1939 75A second word war ke samay 6 mahine me ye karar khatam ho gya first recgivision 1942 me hua tha Jo lease par tha Jamin apko 💯 milega is act ke sath ladai karna hoga aai and collector ko Jamin wapas karna padega ya market rate me muwaja 1942 se lekar ab Tak dega 

 


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