Unable to construct house due to exigencies of service. any saving point under land acquisition act
Dr Sangh Mittra
(Querist) 26 May 2012
This query is : Resolved
I have studied the Land Acquisition Act 1894 and the importance of serving notice under Section 9 of the Act has been emphasized in a few case laws and in others this was not considered as important. The Section 9(4) reads:
“ In case any person so interested resides elsewhere, and has no such agent, the notice shall be sent to him by post in letter addressed to him at his last known residence, address or place or business and [registered under sections 28 and 29 of the Indian Post Office Act, 1898 (6 of 1898)].”
What is the remedy available to a landowner who was serving away from the state where the acquisition process had been initiated and culminated in prescribed two years period and such a Land owner comes to know of it only after Three Years of the date of Award passed what can be the remedy to get his intended place of residence back and when he can not buy out the compensation money even the land for his grave and he is already a senior citizen.
I am a registered Advocates and want to conduct the case my self. I am the affected party as well. Please advise with any case Law covering my situation.
Dr S Mittra
Shonee Kapoor
(Expert) 28 May 2012
Try www.indiankanoon.org
However, the notice would have been served to the possessor of the land.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
