HC rejects plea on land acquisition

The court rejected the petitioners’ contention that during the financial years of 1995-96 and 1996-97, the society president had remitted tax on the disputed land to the SMC, and so the civic body did not own the land. “This argument is quite attractive, but we are not in a position to accept the same,” the court observed. The court observed that the tax receipts cannot be taken as an admission on the part of the corporation that the land was possessed by the society. Besides, entry in the property register showed that the land belonged to the corporation, the court stated.

Under the Land Acquisition Act, once an award is passed, compensation is paid, and possession is taken, the property vests in the government, free from all encumberances, the court observed. “Even on the petitioners’ own showing compensation was received by the society and Panchnama was prepared, evidencing the taking over of possession. Under such circumstances, the properties covered by the award became vested in the government,” the court said.

In another petition about a plot of about 138 sq metres in the same city, the court has issued directions. In this case, the petitioner, who is a member of the Shia Muslim community, had submitted that the land bearing the survey number 2405 of ward no. 11 was earmarked as a burial ground. This land was also acquired by the authorities, and an award was granted. The petitioner submitted that the land should be retained for use as burial ground, and members of the Shia community do not have any other burial place in the city.

But after perusing through the Land Acquisition Officer, the Court observed that the officer has not so far passed an award on this land. With this, the court directed the SMC, the district collector, and the state government to examine the nature of the land and pass appropriate orders in accordance with the law. Only after passing such an order, the authorities should take possession of the land, the court observed.