Diversion or conversion of land
keshav
(Querist) 20 August 2015
This query is : Resolved
Sir/Madam,
I am having a agriculture land and I want to run a business on it. Section 4 has been notified and this land will be acquired by Coal India Ltd., but this acquisition process will take around 10-12 years.
So I want to know that after sec 4 whether diversion or conversion of land is possible or not.
Thanking you
P. Venu
(Expert) 21 August 2015
Section 4 - Which Act? Land Acquisition Act stands repealed by the Right to Fair Compensation & Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
Chattopadhyay Arghya
(Expert) 21 August 2015
Rightly replied by learned Sr. Advocate Mr. P.Venu.
even so it is normal rule of law that after declaration of acquisition by whatever law, the land becomes entirely vested with government who acquires. new act binds central government and acts declared covered by this new enactment if a state law applicable for it to the extent it is so covered,states have separate land acquisition laws. to be true under no act such post declaration land can be converted,diverted sold. no right except dwelling in the house or take rent from tenant or continue to agricultural earning or other usage benefit is allowed till possession after payment of compensation. This type of 10/11 years process of acquisition generally pay interest on sum of compensation in the least. refer schedules-1,2,3,4 of Right to Fair Compensation and Transparency in Land Acquisition,rehabilitation and Resettlement Act,2013 amended up to date by Land Acq. second amendment effective since 1.1.2015 r/w s24 of the said act.
Rajendra K Goyal
(Expert) 22 August 2015
Agree with the expert Chattopadhyay Arghya
