‘Transaction of acquired land not void if govt deacquires it’

The court order came on a petition filed by private builders Omway Build Estate and Ghanshyam who purchased 70 acres of land in Alwar which was under acquisition for Rohini Nagar Residential Scheme.

The Cabinet Committee in the BJP regime had decided to deacquire 31 acres of land of the private builder out of the total 70 acres,paving way for Section-90(B) proceedings.

A dealer of Omway named Rajesh Agarwal challenged the proceedings of around 31 acres of the land alleging that the sale-purchase of such land under acquisition is hit by the Rajasthan Land (Restriction on Transfer) Act,1976,which is a “face lift of an analogous act prevailing in Delhi since 1972 and does not confer any tile to the purchaser and Section-90(B),therefore,cannot be applicable”.

The counsel for Agarwal said according to the restriction placed under Section 3 and 4 of the act,all such transactions are void unless a prior permission of the government before sale-purchase is obtained.

Brushing aside the contentions,the court said,”The sale might be void qua the state government at one stage but after issuance of notification withdrawing subject land from acquisition,such transfer of lands certainly be considered to be valid in general for all practical purposes and whatever rights being available to the land owners are available to them.”

Once the gazette notification for withdrawing acquisition proceedings is published,the restriction effect of Section 4 of the Act ceases to subsist and the slate becomes clean and such transaction or transfer of lands which took place during the interregnum period are held to be valid even against the state government,the court observed.