Requisition & Acquisition of immovable property

1. YES. Petition the district Collector with the facts and documentary evidences, and  inform him that Govt. Acquisition criteria was never executed and possession still remains with you for lasts 70 years and request for a hearing.

2. IF the Collector is satisfied, he would send his recommendations to the Revenue Estate Dept., and the land (if there is no projected use/marked program by Govt.) would be mutated in your name, after levy of necessary penalty /fees /sanad directions.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

Thankyou sir

What are the Govt. Acquisition criteria

yes. file the civil suit ...the result will be in favour of you...9816374011

Was it Requisitioned Land (Continuance of Powers) Act,1947 or any susequent enactment? 

P. Venu sir it wad Requisitioned land act 1947.
But according to section 5.3  
No property shall be acquired under this section except in the following circumstances, namely:—

(a) Where any works have, during the period of requisition, been constructed on, in or over, the property wholly or partially at the expense of the Central Government and the Government decides that the value of, or the right to use, such works should be secured or preserved for the purposes of Government; or

(b) where the cost of restoring the property to its condition at the time of its requisition would, in the determination of the Central Government, be excessive and the owner declines to accept release from requisition of the property without payment of compensation for so restoring the property.

(4) Any decision or determination of the Central Government under sub-section (3) shall be final and shall not be called in question in any Court.

(5) For the purposes of clause (a) of sub-section (3) “works” includes buildings, structures and improvements of every descripttion.
No work has been carried out on said land.

While taking back the property, were you served with any notice or any other correspondence? If so, any grounds were cited for the action?

It is a longtime since the property was taken back. Have you taken any steps to get back the property?

@ P. Venu sir During acquisition they paid compensation forcefully.
In 1974 they served notice under Public Premises Act 1971.
In 2004 no such notice were served land taken by use of military force.

The information furnished, I am afraid, is inadequate to offer any menaingful suggestion

If the acquired land has not been used for eh purpose it was acquired then you may file a writ petition seeking return of the acquired land and you may also state that you are ready to return the amount given to you as compensation.

 

In my understanding, the matter is more complex as to the legal provisions involved and the querist's family have a fair chance of getting back the possession. However, what hold against them is their apparent incation since the possession was taken back in 2003.