Land acquisition
Ravi Chand Garg
(Querist) 09 February 2014
This query is : Resolved
1300 Sq Yds of my land was acquired by Haryana Urban Dev Authority vide sec 4 dt 2.5.2001, sec 6 dt 30.4.2002, award dated 27.4.2004. Stay of Dispossesion issued in 2003. Matter still before Punjab And Haryana High court.I have not taken any compensation. The LAO has not deposited the compensation in the court. The possession of land is still with me. We have taken the plea of 5 years period under Section 24(2) of the Land Acquisition Act of 2013 which reads as follows
24 (2) Notwithstanding anything contained in sub-section (1) in case of land acquisition proceedings initiated under the Land Acquisition Act. 1894, where an award under the said section 11 has been made five years or more prior to the commencement of this Act but the physical possession of the land has not been taken or the compensation has not been paid the said proceedings shall be deemed to have lapsed and the appropriate Government, if it so chooses, shall initiate the proceedings of such land acquisition afresh in accordance with the provisions of this Act
Will the court accept our plea or LAO may take the defence under the stay of dispossion. Experts requested to give opinion and what it means deemed to have lapsed. Is lapsing automatic or it requires a vedict by court.
Ravi Chand Garg
Prithvi Raj Sikka
(Expert) 10 February 2014
You can challenge the acquisition was colourable exercise in the high court and acquisition can be struck down.
Prithvi Raj Sikka Advocate Delhi
lawjuris09@gmail.com
Saurendra Rautray
(Expert) 24 May 2015
Hi,
Please note that if there is a stay on the land then the entire period of the stay shall be excluded while calculating fiver year period from the date of acquisition.
You have a good case if your acquisition is beyond 5 years period as envisaged in section24 of the new act.
Regards,
Saurendra Rautray
Advocate
09437008255
Delhi : B3/18, Vasant Vihar, New Delhi - 110 057
T : +91 - 11 - 46113964 / 46552244
E : mail@rautray.com
Website- www.rautray.com
