പൊന്നും വില നടപടികൾ സ്വീകരിക്കുന്ന വസ്തു വിൽക്കാമ?ോ പണയം വെക്കാമോ?

Based on the legal framework in India, particularly the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (LARR Act, 2013), the land owner's right to pledge or dispose of their land is significantly restricted once the land acquisition process begins.

​Here's a breakdown of the key points:

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​The Legal Position After a Notification

​Land acquisition process begins with a notification: The process is initiated by a preliminary notification under the relevant section of the LARR Act, 2013. This notification serves as a public declaration that the government intends to acquire the specified land for a public purpose.

​Encumbrance on the land: Once this notification is issued, the land is considered to be under encumbrance. This means the land is effectively "frozen" for the purpose of acquisition. Any subsequent transaction, such as a sale or pledge, is viewed with caution by the courts.

​Sale of land is often considered void: Multiple court rulings, including by the Supreme Court of India, have established that a person who purchases land after a land acquisition notification has been issued does not acquire a valid title to the property. Such a sale is often considered void, and the purchaser acquires no right, title, or interest in the land.

​Purchaser cannot challenge the acquisition: A buyer who acquires the land after the preliminary notification is generally not considered an "interested person" in the acquisition proceedings and, therefore, has no legal standing or locus standi to challenge the acquisition process or claim that the acquisition has lapsed.

​Pledging the land is also problematic: While the legal framework primarily addresses outright sales, the principle extends to other forms of disposal, including pledging the land. Pledging a property involves using it as collateral for a loan.

 However, since the land is already under acquisition, its ownership is in question and it is not a secure asset for the lender. Any pledge would be subject to the ongoing acquisition proceedings. The lender's rights would be limited to a claim on the compensation amount, not on the land itself.

​Rights of the Landowner

​Before the formal award is passed, the landowner still holds certain rights under the law, but they are not the same as full ownership rights:

​Right to object: The landowner has the right to file objections to the acquisition within a specified timeframe after the preliminary notification.

​Right to compensation: The primary right of the landowner is to receive fair compensation and other rehabilitation and resettlement benefits as determined by the LARR Act, 2013.

​Right to a share of the benefits: The Act also provides that affected persons, including landowners, can become "partners in development" and receive benefits beyond just monetary compensation.

​Conclusion

​In summary, the landowner does not have the "full right and freedom to pledge or dispose" of their land once a formal land acquisition notification has been issued. While they remain the legal owner until the land vests in the government, any transaction (sale, pledge, etc.) after the notification is a high-risk endeavor.

 The purpose of this legal restriction is to prevent fraudulent transactions and ensure a smooth and transparent land acquisition process for public projects. The landowner's rights are essentially converted from the right to the land itself to the right to receive compensation and other statutory benefits.

James Joseph Adhikarathil 

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