land acquisition

11(1))

(1) On making an award under section 11, the Collector shall tender payment of the compensation awarded by him to the persons interested entitled thereto according to the award and shall pay it to them unless prevented by some one or more of the contingencies mentioned in the next sub-section

Under section 11(4) of the Act, no person shall make any transaction or cause any transaction of land i.e. sale/purchase, etc., or create any encumbrances on such land from the date of publication of such notification without prior approval of the Collector.

What is Section 101 of the Land Acquisition Act?

When any land acquired under this Act remains unutilised for a period of five years from the date of taking over the possession, the same shall be returned to the original owner or owners or their legal heirs, as the case may be, or to the Land Bank of the appropriate Government by reversion in the manner as may be

Section 6(1) in The Land Acquisition Act, 1894

(1)Subject to the provisions of Part VII of this Act, [when the [appropriate Government] [Substituted by Act 38 of 1923, Section 4, for " whenever it appears to the Local Government" .] is satisfied, after considering the report, if any, made under section 5-A, sub-section (2)], that any particular land is needed for a public purpose, or for a company, a declaration shall be made to that effect under the signature of a Secretary to such Government or of some officer duly authorised to certify its orders [and different declarations may be made from time to time in respect of different parcels of any land covered by the same notification under section 4, sub-section (1), irrespective of whether one report or different reports has or have been made (wherever required) under section 5-A, sub-section (2)] [Inserted by Act 13 of 1967, Section 3 (w.e.f. 12.4.1967).]:[6Provided that no declaration in respect of any particular land covered by a notification under section 4, sub-section (1),

(i)published after the commencement of the Land Acquisition (Amendment and Validation) Ordinance, 1967 (1 of 1967), but before the commencement of the Land Acquisition (Amendment) Act, 1984, shall be made after the expiry of three years from the date of the publication of the notification;

or

(ii)published after the commencement of the Land Acquisition (Amendment) Act, 1984, shall be made after the expiry of one year from the date of the publication of the notification:]

[Provided further] [Substituted by Act 13 of 1967, Section 3, for " Provided that" (w.e.f 12.4.1967).] that no such declaration shall be made unless the compensation to be awarded for such property is to be paid by a company, or wholly or partly out of public revenues or some fund controlled or managed by a local authority.[Explanation 1. In computing any of the periods referred to in the first proviso, the period during which any action or proceeding to be taken in pursuance of the notification issued under section 4, sub-section (1), is stayed by an order of a Court shall be excluded.Explanation 2. Where the compensation to be awarded for such property is to be paid out of the funds of a corporation owned or controlled by the State, such compensation shall be deemed to be compensation paid out of public revenues.]

Goverment cannot acquire lands of private parties without paying adequate market rate compensation.

This is done in accordance with the provisions of Land Acquisition Act. Government enjoys a power to acquire land belonging to private individual for public purpose. This has nothing to do with the willingness or unwillingness of the landowner.

There is a process of acquisition mentioned in the Act done by the District Magistrate and Collector, or certain other officer duly authorised in this behalf. The landowner will be notified and the landowner may contest the acquisition, pleading that the concerned acquisition is not for a public purpose.

Certainly the government cannot acquire a land belonging to a private individual for the purpose of opening a dance bar.

The crux of the acquisition is the necessity to fulfill a public purpose. If that is so, the willingness or other wise of the land owner becomes immaterial.

In lieu of acquisition, the landowner will be compensated in the form of an award. If the landowner is aggrieved with the extent of the award as grossly inadequate, he may apply under the act to move the Judge, land acquisition court for a revision of the awa

What will happen?

It will taken by the Government with a prior legal and written notice to the property owner and same will be announce in public media ( news papers)

What they will get ?

As per the land guideline value estimated by Registration Department of the Govt. , Every State and and Every district have their own State Registration Dept. and Registrar offices, They have the Guideline value ( Usually fixed by the Govt. and revalued on regular time ba

Telangana government is planning for road widening in my area and my house may get demolished, how can I stop the govt. from cutting my house? What are the related laws of this issue?

You can go to court and get an injunction against the move to cut your house - but sooner or later, the government will win - if they can convince the court that the road widening is in public interest…

The court will of course ask the government to compensate you well - and you can probably get that compensation even without going to court…

Depending on the area lost, the government will also permit you to build more floors on the existing house if the structural design permits it…or will allow you to demolish the existing house and build a brand new house in the reduced area…the cost of the pl

In the normal course the government issues notice to land owners / patta holders for acquisition. The landowner’s consent is not always required in case of any urgent necessity for acquisition for government projects.

At the same time, it is the right of the land owner to have fair compensation for his land. Therefore in order to protect such interest of land owners, Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 was passed, thereby replacing the old Land Acquisition Act, 1894. Under the 2013 Act, the consent of 80% of the land owners must be obtained for private projects, whereas the consent of 70% of land owners must be obtained for public-private partnership

1. Negotiate with the government. In many cases, it is possible to negotiate with the government to avoid having your house demolished. You may be able to negotiate for a different route for the road, or you may be able to negotiate for compensation for your house.
2. File a legal challenge. If you are unable to reach an agreement with the government, you may be able to file a legal challenge to the road widening project. You would need to argue that the project is illegal or that it violates your constitutional rights.
3. Protest the project. You may also be able to protest the road widening project to try to raise awareness of your situation and build public support for your cause.

Here are some specific steps you can take to stop the government from demolishing your house:

1. Gather information. Learn as much as you can about the road widening project, including the proposed route, the timeline for the project, and the government's plans for compensation.
2. Contact your elected representatives. Meet with your local and state elected representatives to express your concerns about the project. Ask them to advocate for you with the government.
3. Organize your community. Talk to your neighbors and other people who will be affected by the project. Form a group to advocate for your interests.
4. Explore your legal options. Consult with an attorney to discuss your legal rights and options. You may be able to file a lawsuit to stop the project or to obtain compensation for your house.

The following laws are relevant to the issue of road widening and demolition of houses:

• The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (RFCTLARR Act) is a law that protects the rights of people who are affected by land acquisition and resettlement projects. The RFCTLARR Act requires the government to provide fair compensation to people whose land is acquired for public projects. The RFCTLARR Act also requires the government to provide rehabilitation and resettlement assistance to people who are displaced by public projects.
• The Land Acquisition (Amendment) Act, 2020 is an amendment to the RFCTLARR Act that makes it easier for the government to acquire land for public projects. The Land Acquisition (Amendment) Act, 2020 has been criticized by some for weakening the protections of the RFCTLARR Act.

There is a process of acquisition mentioned in the Act done by the District Magistrate and Collector, or certain other officer duly authorised in this behalf. The landowner will be notified and the landowner may contest the acquisition, pleading that the concerned acquisition is not for a public purpose

Whether the issue of maintainability of the case be heard first and then the question of filing a written statement is a matter of judicial discretion.

Whether the issue of maintainability of the case be heard first and then the question of filing a written statement is a matter of judicial discretion. The court will decide on a case-by-case basis, taking into account the specific facts and circumstances of the case.

In general, however, the court will usually hear the issue of maintainability of the case first. This is because if the court finds that the case is not maintainable, then there is no need to proceed with the case any further. This saves time and resources for both the court and the parties involved.

However, there are some cases where the court may decide to hear the question of filing a written statement first. For example, if the court is unsure whether the case is maintainable, it may ask the parties to file written statements so that it can have a better understanding of the case before making a decision on the issue of maintainability.

Another example is where the court finds that the issue of maintainability is complex and will require a lot of time to argue and decide. In such cases, the court may ask the parties to file written statements so that it can have more time to consider the issue before making a decision.

Ultimately, the decision of whether to hear the issue of maintainability of the case first or the question of filing a written statement first is up to the judge.

Here are some of the factors that the judge may consider when making this decision:

The complexity of the issue of maintainability

The amount of time that it will take to argue and decide the issue of maintainability

Whether the court is unsure whether the case is maintainable

Whether the parties have agreed on whether to hear the issue of maintainability first or the question of filing a written statement first

The interests of justice

Certified Copy Can be Provided to Prove Original Sale Deed: SC

Certified Copy Can be Provided to Prove Original Sale Deed: SC

Read more: https://lawtrend.in/certified-copy-can-be-provided-to-prove-original-sale-deed-sc/

In a significant legal ruling, the Supreme Court of India has reaffirmed the admissibility of certified copies of original sale deeds as evidence in a

Read more: https://lawtrend.in/certified-copy-can-be-provided-to-prove-original-sale-deed-sc/

Which original suit can be filled in district court

Which original suit can be filled in district court Kerala

The following original suits can be filed in the District Court of Kerala:

• Suits for the recovery of money or movable property, where the value of the subject matter of the suit exceeds two lakh rupees.
• Suits for immovable property, irrespective of value.
• Suits for specific performance of contracts, where the value of the subject matter of the suit exceeds two lakh rupees.
• Suits for injunctions, where the value of the subject matter of the suit exceeds two lakh rupees.
• Suits for partition of immovable property.
• Suits for divorce, nullity of marriage and restitution of conjugal rights.
• Suits for the administration of estates.
• Suits for the protection of civil rights.
• Suits relating to trusts and trustees.
• Suits relating to companies and other registered bodies.
• Suits relating to admiralty jurisdiction.
• Suits for the enforcement of foreign judgments.
• Any other suit which is specifically assigned to the District Court by law.

It is important to note that the District Court is also the appellate court for suits decided by the Subordinate Judge's Court and the Munsiff Court.

Certified Copy Can be Provided to Prove Original Sale Deed: SC

Certified Copy Can be Provided to Prove Original Sale Deed: SC

Read more: https://lawtrend.in/certified-copy-can-be-provided-to-prove-original-sale-deed-sc/

In a significant legal ruling, the Supreme Court of India has reaffirmed the admissibility of certified copies of original sale deeds as evidence in a

Read more: https://lawtrend.in/certified-copy-can-be-provided-to-prove-original-sale-deed-sc/

correcting revenue records

Applicant has to submit a requisition along with the required document to the authorities at the respective thasildhar office for correcting revenue records in the annual register. Authority will verify the details submitted and initiate the internal process.

Kerala - Modify or Correct Revenue Records

Apply In-Person

1. Applicants can approach thasildhar office for this procedure
2. Link for contact details : link and link
3. Application form: link
4. Applicant has to submit a requisition along with the required document to the authorities at the respective thasildhar office for correcting revenue records in the annual register.
5. Authority will verify the details submitted and initiate the internal process.
6. Applicant will get a transaction number for the application made. Use this number for future reference (if required, please pay the fees as authority quote)
7. After internal processing and verification, Thasildhar will do the changes. If required, consultation of collector will be sought.
8. Applicant on notification come in-person for signing in registries.
9. On the said date applicant has to appear and do as per advise from authorities to complete the procedure.

To know details through e-District

1. Go to the portal: link
2. Please select “ReLIS” menu option to reach next page.
3. In the next page, select “Verify” menu option to get the verification popup session.
4. Under “Pokkuvaravu” please select and fill the required prompted details and hit “Get” at the bottom of the pop up.
5. The details for the information provided 

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Apply In-Person

1. Applicants can approach thasildhar office for this procedure
2. Link for contact details : link and link
3. Application form: link
4. Applicant has to submit a requisition along with the required document to the authorities at the respective thasildhar office for correcting revenue records in the annual register.
5. Authority will verify the details submitted and initiate the internal process.
6. Applicant will get a transaction number for the application made. Use this number for future reference (if required, please pay the fees as authority quote)
7. After internal processing and verification, Thasildhar will do the changes. If required, consultation of collector will be sought.
8. Applicant on notification come in-person for signing in registries.
9. On the said date applicant has to appear and do as per advise from authorities to complete the procedure.

To know details through e-District

1. Go to the portal: link
2. Please select “ReLIS” menu option to reach next page.
3. In the next page, select “Verify” menu option to get the verification popup session.
4. Under “Pokkuvaravu” please select and fill the required prompted details and hit “Get” at the bottom of the pop up.
5. The details for the information provided will be displayed.

Required Documents

 

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• Application fo
• Ration Card
• Proof of Identify – Voter ID
• Proof of Address – Aadhaar Card
• Proof of ownership of property
• Land details (survey, patta details)
• Land Tax
• Encumbrance certificate
• Recent copy of Form F and Map.
• In case of change in name, affidavit executed before a magistrate stating his actual name ( name intended to be incorporated in records and the name appearing in records).

Note: In addition to the above, if any other document as required by respective authorities to process should be submitted.

Office Locations & Contacts

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Directorate of Survey and Land Records,
Vazhuthacaud, Thiruvananthapuram.
Phone: 0471 2325266 | 0471 2321291
Email ID: dir-tvm@kerala.gov.in

Eligibility

 

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Land owners are eligible

Fees

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As advised by the respective authorities for the service rendered.

Validity

 

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• Usually valid for five years.
• Based on sale, the new owner can avail the facility.
• https://youtu.be/LaQMso9QsNc