Property aquired by city corporation in the 1960 and not to develop that purpose is it return ?
Querist :
Anonymous
(Querist) 07 December 2011
This query is : Resolved
The Municipality(converted to Corporation)had acquired the property of Agricultural land as per land acquisition proceeding as per LAQ-SR-139 dated 18-08-1960(as per KMC Act) Village/District Belgaum state Karnataka. but the purpose for Acquired is still not done.and the land is some persons are illegally sale through Rs 500/- bond from last 1980, and some persons are now build some houses, but the City Corporation Belgaum is not interfering in this matter but in Revenue record still our name is their 1) can we take back this land by law. 2)can we take action against the Corporation.
3)if Corporation had Acquired the land to develop the Belgaum city but they are sell the land through plots is it fit on law.
ajay sethi
(Expert) 07 December 2011
you will have to file writ petition in the high court that although land acquired in 1960 till date it has not been used for the purpose for which it was acquired .
ajay sethi
(Expert) 07 December 2011
The Supreme Court, compulsory acquisition, Karnataka High Court, Karnataka State Tourism Development CorporationPosted: Thu Oct 06 2011, 03:59 hrs New Delhi:
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The Supreme Court has said that it amounts to “fraud” on the part of the government to forcibly acquire land under the guise of a public purpose, only to have the property transferred to real estate developers or companies for their use.
A Bench of Justices G S Singhvi and S J Mukhopadhyaya held that the State cannot use its power to compulsorily purchase or acquire land of a private citizen, telling him it is for a public purpose, and then, for whatever reason, decide to hand it over to individuals or corporate houses for a private purpose.
“If landowners are deprived of their land under the cover of public purpose and there is diversification of land for a private purpose, it amounts to fraudulent exercise of the power of eminent domain (compulsory acquisition),” the judgment said.
The court held that such acquisition will be held invalid in toto, and it cannot be made valid in part and invalid in other parts.
The courts have repeatedly held that in exercise of its power of eminent domain, the State can compulsorily acquire land of the private persons, but this proposition cannot be over-stretched to legitimise a patently illegal and fraudulent exercise undertaken for depriving the landowners of their constitutional right to property with a view to favour private persons,” Justice Singhvi, who authored the judgement, said.
The judgement dismissed the appeal of certain corporate houses challenging the Karnataka High Court's decision to quash the acquisition proceedings of over 37 acres of prime land located near the Bangalore airport.
