Property
muthukumar
(Querist) 01 October 2009
This query is : Resolved
Sirs,
A property is purchased by Mr.X in the year 2006 and now he is able to build a house in it. But, some third parties told him that the property is taken by the Government for construction play ground.
my question is that
1) if a land is taken by the govt., it is necessary to intimate the landlord or not ?
2) What are the procedures taken by the Govt. while it has been taken a land for making a play ground.
Adinath@Avinash Patil
(Expert) 01 October 2009
MUTHUKUMAR,
IT is your duty obtain search report pf property before purchasing. Because doctorine of caveat empotor is applicable on buyer of proerty.whether you have searched all neccessary documents and all information.
1]If you have taken all care above & after purchasing Govt.acquired said land for play groud you have right to ask for compensation for govt.
2] before acquiring govt. should publish notice in news paper & govt. should give notice to owner under land acuisition Act.
adv. rajeev ( rajoo )
(Expert) 02 October 2009
I agree with Sir Adinath. X can file a Land acquisition case aginst the govt., to claim the compensation.
Raj Kumar Makkad
(Expert) 02 October 2009
No way left 4 u except filing land acquisition case against Govt. after obtaining all relevant documents and accepting the offered payment under protest. Govt. publishes its intension to acquire land in local newspaper and even invites its objections and thereafter amount is offered and possession is taken. If you slept for years, it is not the duty of govt. to personally intimate you.
Sachin Bhatia
(Expert) 02 October 2009
THE LAND ACQUISITION ACT,1894
section 4. Publication of preliminary notification and power of officers thereupon. -
(1) Whenever it appears to the [appropriate Government] the land in any locality [is needed or] is likely to be needed for any public purpose [or for a company], a notification to that effect shall be published in the Official Gazette [and in two daily newspapers circulating in that locality of which at least one shall be in the regional language], and the Collector shall cause public notice of the substance of such notification to be given at convenient places in the said locality [(the last of the dates of such publication and the giving of such public notice , being hereinafter referred to as the date of the publication of the notification)].
Now you should file a case under land acquisition against Govt and ask for compensation.
