Legal Advice

Government has acquired my land but has not been paying compensation for six years

Question: Government has acquired my land but has not been paying compensation for six years. The government acquired my land in 2011 but did not pay compensation to the owner of the land. My father was the landowner but now he is dead. So I think about regaining my land from the government. How can I get my land which has been acquired but compensation is pending?

Advise

You cannot get back your land because the government has taken possession in the course of land acquisition proceeding. The proceeding of land acquisition does not lapse under Section 24(2) of Act 2013 because of non-payment of compensation. 

Notwithstanding anything contained in sub-section (1), in case of land acquisition proceedings initiated under the Land Acquisition Act, 1894 (1 of 1894), where an award under the said section 11 has been made five years or more prior to the commencement of this Act but the physical possession of the land has not been taken or the compensation has not been paid the said proceedings shall be deemed to have lapsed and the appropriate Government, if it so chooses, shall initiate the proceedings of such land acquisition afresh in accordance with the provisions of this Act.

Provided that where an award has been made and compensation in respect of a majority of land holdings has not been deposited in the account of the beneficiaries, then, all beneficiaries specified in the notification for acquisition under section 4 of the said Land Acquisition Act, shall be entitled to compensation in accordance with the provisions of this Act.

Section 24(2) Land Acquisition Act, 2013

In Indore Development Authority versus Manoharlal and others, (AIR 2020 SC 1496) the supreme court has held that land acquisition proceedings do not lapse due to non-payment of compensation. 

The deemed lapse of land acquisition proceedings under Section 24(2) of the 2013 Act takes place where due to inaction of authorities for five years or more prior to commencement of the said Act 2013, the possession of land has not been taken or compensation has not been paid. 

In other words, in case possession has been taken but compensation has not been paid then there is no lapse. Similarly, if compensation has been paid but possession has not been taken then there is no lapse.

Deemed lapse takes place when neither compensation is paid not possession has been taken in the course of award for land acquisition.

Under the provisions of Section 24(1)(a) in case the award is not made as on 1-1-2014, the date of commencement of the 2013 Act, there is no lapse of proceedings. Compensation has to be determined under the provisions of the 2013 Act.

Hence, you cannot regain your land which is already transferred in the possession of the government. If payment of compensation is pending, it shall be decided by the Act 2013 and you will get compensation on the basis of current market value of land. 

Shivendra Pratap Singh

Advocate

High Court Lucknow

Property

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