Advice
umang
(Querist) 29 May 2013
This query is : Resolved
if the land has already been acquired under land acquisition act & possession taken & the said land is also declared as surplus under U.P. impopsition of ceiling on land holdings act along with other land of the same owner.
the ceiling proceedings are been challenged & are pending before H'ble High court Allahbaad.
When seeking compensation for land accquired under Land acquistion act it has been held that till the disposal of ceiling proceedings in allahbaad high court in our favour we don't have any locus standee.
1) Can the land has already been acquired under land acquisition act further declared surplus under U.P. impopsition of ceiling on land holdings act?What is its legality?
2) Can the tenure holder be legally refrained from getting compensation of the said land acquired under land acquisition act?
Raj Kumar Makkad
(Expert) 29 May 2013
1. There are diversant opinions over this issue. When the land had already been acquired by State, the question of declaring that land surplus do not arise. The owner had no land on the day of declaration of it as surplus. The State may argue that the proceeding of the surplus was pending prior to LA and thus finally the owner was not found its true owner and it belong to State hence the owner is not entitled for the grant of any compensation.
Bring the matter before high court in the same petition.
2. Reply given above.
umang
(Querist) 30 May 2013
Thank you for your kindness sir
