Land acquisition act retrospective effect
avant gupta
(Querist) 09 September 2014
This query is : Resolved
Land Acquired by Meerut development authority in 1987 sec. 4,6,17(1)(4) done in Aug 1987. Award in Feb 1990.
Writ filed in Allahabad high court challenging sec 4,6,17(1)(4). writ dismissed with direction go give representation to state govt. writ dismissed in 1991. against this order we went to S.C in 1991. even the supreme court passed the same direction with no comments on sec. 4,6,17(1)(4).
our representation to state govt. was turned down in 1995/96. As this order was non speaking order we filed a writ in high court in 1996 which was turned down in 2003 saying the land is required for public purpose. Since then no further legal action has taken place.
In 1988 development authority took possession during stay order of high court and constructed a road on our land.
Compensation of land has not been paid/not accepted by us nor deposited in reference court. award was made in 1990 . as per 24(2) of new act 2013 LARR the acquisition shall be deemed to be lapsed as we fulfill both the riders.
Do we have rights and title of the land now to file a fresh writ in Allahabad high court even after previous judicial interventions have taken place?
T. Kalaiselvan, Advocate
(Expert) 15 September 2014
With the previous orders and other related papers, consult a local high court advocate who is well versed with land acquisition laws and take his further opinion about the proposed new writ petition.
