• Related New Land Acquistion Act 2013

Hi,
The State Government issued notification dated 16.08.1988 under Section 4 of Act, 1894 applying urgency provisions and issued declaration dated 22.02.1989 under Section 6 of Act, 1894. The Special Land Acquisition Officer passed award dated 30.07.1991 under Section 11 of Act, 1894 in respect of the land notified on 16.08.1988. And we have filled writ petition against State Government for stay in Aug- 1989 and the writ petition was disposed on 2000. And till date we have not get any compensation for related lands and we have physical possession almost half area which was acquired. 
Now we know that we can apply our case in new Land acquisition act 2013 and we comes in 24 (1)a or 24 (2). If we are belongs with 24 (1)a than the compensation will be in current market rate or land notified on 16.08.1988.

Thanks
Asked 7 years ago in Civil Law

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5 Answers

section 24 (1) (b) provides that where an award under said Section 11 has been made, then such proceedings shall continue under the provisions of the said Land Acquisition Act, as if the said Act has not been repealed.

2) in your case award was made in 1991 . however although award was made in 1991 compensation has not beeen paid yet and you retain physical possession of 50 per cent land .

3) under circumstances you would fall within ambit of section 24(2) of land acqusition act 2013 and land acqusition proceedings lapsed for balance 50 per cent of land

Ajay Sethi
Advocate, Mumbai
95215 Answers
7611 Consultations

5.0 on 5.0

1. When your dispute is already adjudicated by the high court which has attained finalittif no appeal is preferred against it, you can't resile from your original position and take benefit of new act.

2. When the order of high court is not complied with you can file Contempt Petition in the same court whereby even the arrest warrant is issued to implement its order. So without wasting further time file Contempt Petition to see results fast.

Good luck.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

you would fall within ambit of section 24(2) of new land acquisition act

2) you would be entitled to compensation as per new land acqusition act as per market rates

Ajay Sethi
Advocate, Mumbai
95215 Answers
7611 Consultations

5.0 on 5.0

The latest land acquisition act has provisions to provide fair compensation to those whose land is taken away, brings transparency to the process of acquisition of land to set up factories or buildings, infrastructural projects and assures rehabilitation of those affected.

Section 27 of the Act defines the method by which market value of the land shall be computed under the proposed law. Schedule I outlines the proposed minimum compensation based on a multiple of market value. Schedule II through VI outline the resettlement and rehabilitation entitlements to land owners and livelihood losers, which shall be in addition to the minimum compensation per Schedule I.

94. Completion of acquisition not compulsory, but compensation to be awarded when not completed.

1. The appropriate Government shall be at liberty to withdraw from the acquisition of any land of which possession has not been taken.

2. Whenever the appropriate Government withdraws from any such acquisition, the Collector shall determine the amount of compensation due for the damage suffered by the owner in consequence of the notice or of any proceedings there under, and shall pay such amount to the person interested, together with all costs reasonably incurred by him in the prosecution of the proceedings under this Act relating to the said land.

The referred section 24 shall be Enquiry and land acquisition award by Collector.

the compensation as determined under section 28 along with Rehabilitation and Resettlement award as determined under section 32 and which in his opinion should be allowed for the land; and

the apportionment of the said compensation among all the persons known or believed to be interested in the land, or whom, or of whose claims, he has information, whether or not they have respectively appeared before him.

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

Now we want to know that we can apply our case in new Land acquisition act 2013 and we comes in 24 (1)a or 24 (2). If we are belongs with 24 (1)a than the compensation will be in current market rate or land notified on 16.08.1988.

Th orders of the writ petition is clear that until there is no compensation made you cannot be dispossessed hence you may apply for it under the provisions of the new law which has been suggested above

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

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