In matters of land acquisition what is the scope of settlement? I came across government conducting Adalats for settling issues relating to requisition, valuation and acquisition. What are the practical issues which generally affect such matters?
Madhu.S (Project Lead) 01 October 2009
In matters of land acquisition what is the scope of settlement? I came across government conducting Adalats for settling issues relating to requisition, valuation and acquisition. What are the practical issues which generally affect such matters?
Sabir Bose (Service) 01 October 2009
As per the provisions of the Land Acquisition Act, 1894, whenever there is any grivence/dispute relating to requisition of land, valuation of land or acquisition of land, landowners can refer the dispute to Collector for the determination of the designated Court u/s 18 of the Act, 1894, after sigining of the agreement or passing of the Award by the Collector, as the case may be. However, requisitioning Company is not made a party to the reference to the Court by the Collector as per the provision of the Section. Requisitioning Company may make application before the Court for impleading them as a necessary party. Hence, there is no scope of Settlement under the provisions of the Land Acquisition Act, 1894.
Madhu.S (Project Lead) 01 October 2009
Then what is the status of an Adalat and in which stage of the acquisition process it is held. To my knowledge, other than the Collector, the Tahasildar and revenue officers are a party to a Land Acquisition issue. What is the structure upon which such matters are dealt by the government?
Sabir Bose (Service) 01 October 2009
As per the provision of the Act, 1894, the Court means a principal Civil Court of Original Jurisdiction, unless the appropriateGovernment has appointed a special judicial officer within any specified local limits to perform functions of the Court under this Act.
Normally, in the reference case, the parties are the District Land Acquisition Officer & the Land Owner(s). The Collector in his reference gives the names of the persons whom he has reasons to think interested in such land. The Tahasildar & Revenue officer may become party depending on the requirement of the case.
Normally, for requisition or acquisition of land in any District, application is made to the designated Land Acquisition Officer who is reporting to the District Magistrate/DC of a District.
Madhu.S (Project Lead) 01 October 2009
What is the primary reason why land acquisition cases is becoming difficult to get settled or decided. Most of the cases are upon compensation which are arrived on the basis of the property deed. This would not reflect the actual value of the land for stamp duty purposes. I would like to know how the government is tackling such issues through adalats or otherwise.
Raj Kumar Makkad (Adv P & H High Court Chandigarh) 02 October 2009
Sabir Bose is correct. I agree with him.