SaiPrasad Seti (Self Job) 18 March 2015

Acquisition land unutilised 42yrs can return to land-owner

We have Land in Karnataka in DIST in Village of 3(1,2,3) Survey No total 38 Acres. Which has been acquired by the KIADB in 1973 by "G" Notification through A.C. In 1979 the land was transferred in the name i n 1983 by Mutation "XYZ LTD to Till Date".
But the mutation "XYZ LTD" was done in 1983 & Agreement DEED was made with "KIADB & "XYZ LTD" done in 1986 for 21 Years(1986 to 2007) for Industrial setup purpose, Yearly Rent Rs.100/- setup should complete in min 3 months to 5 years. But only fencing is done.
Compensation Rs 2LAKHs/- was given to my GrandFather. The Survey NO 1 & 2 mutataion was in my Father Name & he has not signed anywhere. Only survey No 3 is Grandfather Name.
The Land has been lying UNused & Unutilised from 1973 to Tilldate i.e.last 40 to 42 years vacant. The Acquisition is failed.
The person has took loan on that land in crores & Absconded. We got the report the bank has also closed the cased.
The "XYZ LTD" company & members are not there, they are cheaters. In Pani or RTC "XYZ Ltd" is showing instead of "Original Landowner name". But in RTC/PANI column No.10 & 11 Bank Loan or mutation no or LAQ (LAND ACQUISITION no) is not mentioned still anywhere, But BU-SWANDENA is showing not Landowner.
if so what step has to be taken to get back the land since the & we are ready to Re-pay the enhanced compensation amount award.
What ever is typed is correct (year, amount & etc)

6 Replies

T. Kalaiselvan, Advocate (Advocate) 20 March 2015

this involves local law more than the land acquisition law, however if you feel that you have strong grounds that the land was not utilised for the purpose it was acquired, you may file a petition before the Collector to reclaim the same but what about the loan amount pending on the property disbursed by bankers? You may take the help of a local lawyer who is prudent enough of such laws and proceed as per his advise.

Biswanath Roy (Advocate) 23 March 2015

If you refused the valuable consideration of the acquired land till this date you may claim for a release order from the Land Acquisition Officer of your State..

SaiPrasad Seti (Self Job) 02 June 2016

Hi,

We have filled Court Case "IN THE COURT OF HOBLE SR.CIVIL JUDGE, Dist Court OS.127/2015.

CLAIM : SUIT FOR DECLARATION & PERMANENT INJUNCTION

WRITTEN STATMENT is produced by KIADB = Gazette Notification, Payment made Details Letter is produced (But Aggrement, Award, Pancnama is not submiited in court ? or may they do not have these documents ??)

Case Stage : NEXT DATE 1ST Issues

Grounds :

1) We are in Position of Land ?

2) Payments are not Taken (Nor Check, Nor in Court, Nor Award is Available) ?

3) In PANI/ROR Industry Name XYZ is appearing Not KIADB (But Industry is not Available /In Court case Industry is been Ex-Parte ) ?

5) Hight court will vanish the limitation for changelling the Gazette Notification ?

4) New Rules or Supreme Court Judgements can be apply in High Court ?

Question

1) We need to file case in Hight Court ? or Need to continue the case in Dist Court?

2) Return of unutilised land LARR Act will Resolve my Case ..?

3) Retrospective will apply in my case ?

4) Compensation will create any issues ?

5) Any other Complication Comes ..?

The Latest Land Acquisition Bill will Apply LARR ACT 2013 & 2014 ..will be useful in my case ?

Return of unutilised land: According to the Act 2013, if the land remains unutilised for five years, then it needs to be returned to the owner. But according to the ordinance the period after which unutilised land needs to be returned will be five years, or any period specified at the time of setting up the project, whichever is later.

Retrospective operation: To address historical injustice the Bill applies retrospectively to cases where no land acquisition award has been made. Also in cases where the land was acquired five years ago but no compensation has been paid or no possession has taken place then the land acquisition process will be started afresh in accordance with the provisions of this act.

Retrospective effect: Where awards are made but no compensation has been paid or possession has not been taken, compensation shall be paid at the rate prescribed under the new Act. Where the Award has not been made the entire process shall be considered to have lapsed. Also where acquisition has taken place five years prior to the commencement of the new law but no compensation/ possession has taken place the proceedings shall be deemed to have lapsed.

Return of unutilized land: Land not used can now be returned to the original owners if the state so decides.
Compensation: Given the inaccurate nature of circle rates, the Bill proposes the payment of compensations that are up to four times the market value in rural areas and twice the market value in urban areas.Time frame: The ordinance states that if the possession of acquired land under Act 1984 is not taken for reasons, then the new law will be applied.

Return of unutilised land
LARR Act (2013) : If a land is acquired under this law and it remains unutilised for a period of five years, it should be returned to the original owners.

LARR (Amendment) Bill 2015 : Under the amended law, unutilised land will have to be returned in (i) five years or (ii) Any period specified at the time of setting up the project; whichever is later.

Retrospective application
LARR Act (2013) : If an award was made five years or more before commencement of the LARR Act, 2013, and the physical possession of land has not been taken or compensation has not been paid, then the new Act would be applicable.

LARR (Amendment) Bill 2015 : Any period during which the proceedings of land acquisition were held up: (i) on account of stay order of a court, or (ii) a period specified in the award of a tribunal for taking possession, or (iii) any period where possession has been taken but the compensation is lying deposited in a court or any designated account, will not be counted.

So, I request to give Good Suggestion for winning & get back my Granpa Land.