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My relative agricultural field acquired by government in 1950 and then it is handed over to a cement factory.The total area is 5 acers and 28 gunta.. in 1952 the factory gave 1.32 land for road. Now the RTC shows 3.36 in the ownership of cement factory. Now that area of cement factory comes within the city and hence government allotted different land to factory outside the city limits.i want to know since the said land now is not being used for the purpose it had be acquired can my relative reclaim it? If yes what about the 1.32 land given by factory tlfor road purpose
Asked 3 months ago in Property Law
Religion: Hindu

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5 Answers

Dear Client,

Land acquired by the government for a specific public purpose such as, establishing a cement factory is bound by the conditions set at the time of acquisition. If the land is no longer being used for the purpose for which it was acquired, there may be grounds for reclaiming it. In order to reclaim the land we have to check whether the land is genuinely not being used for the cement factory and for how long has it remained unutilized. If it remains unutilized for five years from the date of possession, it shall return to the original owner or their legal heirs. After that, file a petition in the appropriate court or tribunal seeking the return of the land. However, the consideration of the 1.32 acres of land for road given to the factory, complicates the reclamation process. You can also consider filing a Right to Information (RTI) application to get detailed information about the current status of the land. Consulting a lawyer is necessary to pursue this matter effectively. Should you need any further clarification please do not hesitate to contact us

Anik Miu
Advocate, Bangalore
10031 Answers
119 Consultations

Your relative must have been paid compensation for acquisition of land 

 

2) your relative cannot now reclaim the land after 74 years 

Ajay Sethi
Advocate, Mumbai
96559 Answers
7784 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, it is clear that your relative had received the compensation from the Government department at the time of acquired of the land. 

- Hence, it cannot be reclaimed , specially after a long period of acquisition. 

- However, you can approach the office of the Collector after giving details of the land and its acquisition for specific purposes. 

Mohammed Shahzad
Advocate, Delhi
14316 Answers
219 Consultations

The property was acquired by the government under the land acquisition act and due compensation was already paid to the land owners and the said land was already allotted to the cement factor by giving way for road in a portion of land, the acquisition is said to have been completed hence nobody can lay a claim over that at this stage.  Besides the RTC also changed to cement factor hence it can be concluded that the acquisition has been acted upon or enforced properly.

 

T Kalaiselvan
Advocate, Vellore
86760 Answers
2318 Consultations

Once land is acquired  by State for a particular purpose it cannot be reclaimed by land owner if if land is used by State of any other purpose.

Ravi Shinde
Advocate, Hyderabad
4188 Answers
42 Consultations

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