• Compensation for property lost on road extension NH365A

We have 1.5 Acres land with Granite factory ,110 ft road is going be extended to more than 250ft as per master plan.our factory and land is being marked by the survey. 50 % of our factory will effect ( construction building ,crane and machinery) , if it is happens we can run factory at all .

Land value : 11 lakhs per acres as per Govt registration value. ( But Original market value too high) 
Factory : we have invested 1 core 20 laks for factory.

More over this road looks , they are trying increase KM too .( old road quite straight and less distance)

May you suggest what we will the compensation ?? how can we over come this Situation. 

Regards,
Phani
Asked 7 years ago in Civil Law

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8 Answers

1. Wait for sometime till you receive the acquisition notice where in the value of compensation would be mentioned.

2. The compensation should consider the current market price and your investment.

3. If you find the compensation doesn't match the above criteria you can file appropriate proceedings in the Land Acquisition Tribunal challenging the quantum of compensation mentioned in the notice.

4. Meet a local lawyer having expertise in acquisition matter.

Good luck.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

Dear Sir...

The government always trying to award less compensation........there are many ....leading judgments...of Honable Supreme Court ..And various High Courts of India .........one matter from U.P. is still running in supreme court .......what the government award you compensation .......it is on your parametres....according to your calculation ..........

Regards

Mob-no-[deleted]

Feroz Shaikh
Advocate, Navi Mumbai
407 Answers
58 Consultations

4.4 on 5.0

the market value of the acquired land is computed as the higher of (i) the land value specified in the Indian Stamp Act, 1899 for the registration of sale deeds; or (ii) the average of the top 50 per cent of all sale deeds in the previous three years for similar type of land situated in the vicinity.

2) Once the market value is calculated, it is doubled for land in rural areas.

3) the value of all assets attached to the land (trees, buildings, etc) is added to this amount. On this amount, a 100 per cent solatium, (i.e., extra compensation for the forcible nature of acquisition), shall be given to arrive at the final compensation figure.

Ajay Sethi
Advocate, Mumbai
95215 Answers
7611 Consultations

5.0 on 5.0

Collector in determining the market value of the building and other immovable property or assets attached to the land or building which are to be acquired, under Section 29 will use the services of a competent engineer or any other specialist in the relevant field, as may be considered necessary by him.

The collector in determining market value take into account • the damage sustained by the person interested, at the time of the Collector’s taking

possession of the land, by reason of the acquisition injuriously affecting his other property,

movable or immovable, in any other manner, or his earnings;

• in consequence of the acquisition of the land by the Collector, the person interested is

compelled to change his residence or place of business, the reasonable expenses incidental

to such change;

Ajay Sethi
Advocate, Mumbai
95215 Answers
7611 Consultations

5.0 on 5.0

Whether you can use the remaining portion of the building or not you will get compensation for the portion acquired by the government.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

Hi

1) With reference to compensation for land acquisition you will be eligible for land compensation as per THE RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION, REHABILITATION AND RESETTLEMENT (AMENDMENT) ORDINANCE, 2015.

2) In your case, Section 28 of Land acquisition act will apply and you have to apply to the land acquisition officer/collector for enhanced compensation as your's is a running business wherein land, building, equipment's, loss of business opportunities and livelihood of employees/owners are severely impacted by the said acquisition

3) You should move the high court and obtain a stay against land acquisition as in your case unless compensation is finalised you cannot part with your property as there is imminent danger in loss of business, livelihood etc. Also land acquisition officers/collectors are very cautious when they know that high court has been approached by you and their actions will have to face scrutiny by high court and hence will attempt to resolve the compensation issues at the earliest.

4) Also in your case collector has to take in to consideration, the cost of full building and not the extent demolished as in accordance to law, if a building is demolished by more than 50% then you are entitled to full compensation of the building.

5) Land Value will be assessed at Fair market value of the property as Prevalent in sub-registrar office.It is true that the Fair market value of government is lower than actual market price, but the formula for compensation as per Land acquisition act 2013 fetches you about 70% of the current market price of the land. There are other incentives that you can bargain for with the land acquisition officer/collector so as to maximise the compensation on account of land acquisition so net to net you will get about 70 to80% of land value.

6) Your investment in factory- You need to request the collector/Land acquisition officer to assess the investment on diminishing value basis and get your investment compensation. The Land acquisition officer/Collector will appoint a surveyor to assess the value of investment and will pay the compensation as per surveyor reports. Earlier the investments were on replacement value basis, but of late the investments are compensated by the book value as stated in your balance sheet.

Hope this information is useful

Rajgopalan Sripathi
Advocate, Hyderabad
2173 Answers
394 Consultations

5.0 on 5.0

The new land acquisition law that came into force on January 1 has sweetened the deal for landlords who may have to give up a portion of their property or land for public sector infrastructure projects or for NH extensions etc.

"The land owner can also dispute the market value fixed by the executing agency at an appropriate platform exclusively set up by the government by providing documentary evidence, and hold discussions as stipulated under the new Act,

The concept of Transfer of Development Rights (TDR) to compensate land owners for the loss of land area acquired by the government for a public cause -- construction of roads or other infrastructure -- may also eventually become redundant,

'Market value' is determined based on sales and purchases made at sub-registrar offices

* Law is vague on 'market value' - whether it's the highest value at which a property in the area is traded or the average over a period of time.

The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 has replaced the 120-year-old Land Acquisition Act, 1894, from January 1

The total minimum compensation should be:

at least 4 times the market value for land acquired in rural areas

at least 2 times the market value for land acquired in urban areas.

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

Regrading compensation for building , usually they pay full amount for full Building or only marked by the surveys ? ( they marked up to 50% our building).

why because if they demolish our building up to marked by surveys , we can not use remaining building too.

and we can re use our machinery also.

The collector in determining market value take into account • the damage sustained by the person interested, at the time of the Collector’s taking possession of the land, by reason of the acquisition injuriously affecting his other property, movable or immovable, in any other manner, or his earnings;

The collector may under Section 29 of the act use the services of a competent engineer or any other specialist in the relevant field, as may be considered necessary by him.

The compensation for demolishing the building whether partly or fully has to be made.

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

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