Solicitor Chirag Shah (Advocate & Solicitor) 06 March 2009

Land Acquisition Act..... I need your help Its Urgent.

Hello Everyone..

I want your Urgent help on following Facts.

Property is Acquired by Govt by Award under Land Acquisition Act.

Its almost 20 Years Gove has not used the Property.

Also The Compensation declared by Gove at the time of Acqusition is Not Collected by Landowner. It is still lying with the court.

In the Above circumstances Can we say that Acquisition is Lapsed ??

Kindly provide me the judgenets in favour that property is acquired for public purpose but not used for several years by Govt.. Also the compensation is not collected by Landowner ....

Pls its Urgent.....

Regards.

Chirag Shah

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6 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 06 March 2009

Section 4(1) and 6 (1)---Quashing of notifications - Restoration of lands to owners-Appeals against judgment of High Court quashing notifications and land acquisition proceedings - possession of the land shall be restored to the respective landowners irrespective of the fact whether they had chalenged the acquisition of their lands or not.

H.M.T.House Building Cooperative society vs.M.Venkateswamappa and others. 1995(2)ALT 27(D.N.)= (1995)3SCC128.

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BHANU RASPUTRA (ADVOCATE & SOLICITOR divyatta.r@gmail.com) 07 March 2009

i agree with ramchary view

Y V Vishweshwar Rao (Advocate ) 07 March 2009

The Award is passed and Compensation is offered to the persons enttield to or diposted in Court along with a Reference u/s 30 of LA Act , the same are not in detail ,

However Once the Land acquisition award is passsed and Possession is taken over by the LAO , the acquisition is completed, even though the dispute u/s30 is pending for long period . Since 20 years the Land acquisition Proceedigns are not challneged now it is difficult to challnage the same .

If the Land is not used for the purpose for which it is acquired ,the land Owner has a right to claim back the Land from the Authorities by re-payment of the Compensation with interest, if paid to land Owner .