The Hindu : Tamil Nadu / Chennai News : Court directive to Government on land acquisition

Online edition of India's National Newspaper
Monday, Apr 17, 2006

Tamil Nadu

Tamil Nadu - Chennai

Court directive to Government on land acquisition

A. Subramani

"Status of the property will reflect in encumbrance certificates"

CHENNAI: Moved by the plight of those who buy lands, which are already under acquisition proceedings, the Madras High Court has asked the Government to record the acquisition in the sub-registrar office records so that the status of the property will reflect in encumbrance certificates.

A Division Bench of P. Sathasivam and Justice J.A.K. Sampathkumar was passing orders on a writ appeal filed by three persons who had purchased land after verifying its status as mentioned in the encumbrance certificate. Since the certificate did not have any information about the land acquisition proceedings, which were already completed, they had purchased the land. Under the provisions of the Land Acquisition Act, only the original owner was entitled to compensation from authorities.

Upholding a single judge order, the Bench said the failure to enter "necessary information in regard to the acquisition proceedings in the relevant records of the Registration Department led the petitioners to purchase the land without knowing ... that the lands were already acquired by the Government. This would also give scope for vendors to deceive ... purchasers by suppressing the acquisition proceedings... Now the purchasers are not in a position to claim compensation or to agitate the matter before any other forum, including this court."

The grievance of the purchasers was "pathetic." It was proper for the authorities concerned to intimate the jurisdictional Sub-Registrar about the acquisition proceedings at least at the notification stage.

The Sub-Registrar concerned was duty-bound to refer communication received from the Land Acquisition Officer at the time of issuing encumbrance certificate. It would help several purchasers who buy a land under acquisition. "We hope and trust the Government will make necessary provisions in the Land Acquisition Act and Rules and also issue instructions to all concerned," the judges said.

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