Legal Question in Real Estate Law in India

Sir

It is not possible that they could just acquire the land without letting you know because prior to acquisition there would be Section 4 notification, followed with objections and Section 6 notification. Also, post Section 6 notification, there will be procedure for service of notice u/s 9 for award purpose, recognizing the name of owners, etc.

However, if this entire procedure is not followed, then acquisition is bad. I am sure, the GIDC would had followed this procedure.

Now irrespective of this procedure, the important thing is, in whose favor the land is notified in Property Register. If the land was mutated in your name, then the award amount has to be in your favor, and not the Mortgagee. Such award cannot be passed in favor of Mortgagees. However, you need to check the award, (you can get this from collectors office) as to on what basis that have recognized Mortgagee as owner to pass the award.

You can challenge this action before the Gujarat High Court. However, there is provision under Section 31 of the Land Acquisition that, if some party has received the award on your behalf or in place of you, then you can claim this award amount back from such person.

However, this is very hypothetical. You need to contact me with all the relevant papers including Village Forms 6, 7/12 8 A of the relevant period, Property Card Register if exist, and the Mortgage Deed, Award etc. What ever is available with you, so can precisely study the material and give you apt advise.

I am based in Ahmedabad, should you require any assistance.

Look forward to hear from you.

best Regards

Vivek N Mapara

vnmlaws.com