• Stay order/ writ petition in High Court

I made conversion of agriculture land to residential purpose in the year 2013. Conversion order issued by the District Commissioner . Then during last year i e 2020 I have obtained plan approval for Ekha Niveshan( Single site ) from Kolar Town planning Authority. I have already paid required developmental charges of Rs.153000/- for 2 acres of land and a portion of property relinquished in favour of The Governor, Government of Karnataka. Grama Panchayath has already issue E khata ( F.No 9 and 11) much before preliminary notification of acquisition of properties. In the month of Aug, 2020, I have received notice from KIADB for acquisition of my property along with agriculture properties belongs to others under act,1966, sec 28/2 

In response to KIADB notice, I have replied to the notice issued by KIADB acquisition officer stating all the facts of developments such as conversion, plan approval from Town planning Authority for Ekha niveshan, relinquishment deed in favour of The Governor, Govt. of Karnataka and E khata issued by Panchayath Office. No response received to my notice from the KIADB acquisition officer. 
Recently KIADB acquisition officer submitted his recommendation to Government of Karnataka to acquire my property along with others properties also under KIADB act, 1996 sec 28(3) excluding some of agriculture properties stating that land is of Converted property, existence of temple, running brick industry in the converted property even though property is not at all converted one , not running any brick industry and there is no temple in the property . I have inspected the property and observed that there is no industry is running even today and I have obtained photographs/video of the site. 
At any moment Government of Karnataka may issue final notification for acquisition of notified property under KIADB Act,1996 sec. 28(4)

Now my question is, can I approach Court for stay order/writ petition in High Court on my property from acquisition before issuance of Final notification under KIADB Act,1996 sec. 28(4) since KIADB Officer has not recommended some of agriculture properties for acquisition saying the grounds as mentioned above.
Asked 3 years ago in Property Law
Religion: Hindu

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4 Answers

1) notice is issued to the owner or the occupier and to all such persons known or believed to be interested therein and to provide them an opportunity of being heard in respect of their objections and to make orders in respect of such objections

 

2) if your objections are not considered you can file writ petition in HC to direct authorities to consider your objections 

Ajay Sethi
Advocate, Mumbai
97613 Answers
7902 Consultations

- As per law, the government cannot acquire any private land without sending a notice to the owner of the land and also without publishing the proposal in the two news papers, if the notice not served upon the owner. 

- Further, without deciding the compensation and paying the same, the government department cannot take possession of the land for the specified purposes like construction of road etc. 

- Further, if any objection filed by the owner of the land , then the Collector is bound to resolve the issue 15 days from the receipt of the objection

- Hence, without giving proper opportunity the land cannot be acquired .

- However, you can approach the High court after filing Writ petition to get order in your support. 

Mohammed Shahzad
Advocate, Delhi
14778 Answers
225 Consultations

If the government has issued notification for acquisition of land based on the GO passed by government in this regard, you may not be able to object or refuse to give away your land now proposed to be acquired by the authorities concerned without any valid treason. 

You have purchased the agricultural landed proeprty, got it converted to residential property is a fact, however the notification is for acquisition of the proeprty, be it any nature, by the authorities concerned as per GO and the compensation would be paid as per law prescribed under the provisions of The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (also Land Acquisition Act, 2013).

Thus it would be too early to approach high court with a writ petition seeking the relief which has not yet arrived in your case.  

T Kalaiselvan
Advocate, Vellore
87815 Answers
2365 Consultations

dear sir,

1. It is the duty of the govt. to issue notice for acquiring private land. Also while acquiring land, it is necessary to publish the proposal in two newspapers, in case the notice is not served to the owner.

2.also without deciding and paying the compensation, the govt. dept. cannot take possession of the land.

3.in case of any objection by the owner of the land, such objection is to be resolved within 15 days

4. You can approach the High Court by filing a writ petition .

Thank you

Anik Miu
Advocate, Bangalore
10427 Answers
121 Consultations

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