• Compensation for compulsory land acquisition by Government

I live in Badlapur Maharashtra state . I have NA plot with house on it. Municipal corporation of that area plans to expand road near my land. It's already 24 foot they want to make it 40 foot. So they have sent me notice for land acquisition plan . Land acquisition won't affect my house. In notice they haven't mentioned any compensation for land acquisition. They said they won't be paying compensation for land acquisition because it's government project. What should I do now ? They also took my land 15 years ago for same reason road expansion and did not pay money that time also. Land they took 15 years ago is still on my name . It haven't transferred to Municipal corporation. Would I get compensation as per "Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013" this time or not?
Asked 7 years ago in Property Law
Religion: Hindu

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4 Answers

The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement act

he First schedule to the Act of 2013 provides for package of compensation for land owners. This schedule provides for components which constitute the minimum compensation package to be given to those whose land is acquired. Clause (1) of First Schedule provides that a person whose land is acquired is required to be paid market value of land as determined under Section 26 of the Act of 2013.

2) you are entitled to compensation for land acquired for road widening purposes

Ajay Sethi
Advocate, Mumbai
95221 Answers
7612 Consultations

5.0 on 5.0

you can submit your objections to collector in wrirting

15. (/) Any person interested in any land which has been notified under sub-section Heanng of

( /) of section I l, as being required or likely to be required for a public purpose, may within obiections.

sixty days from the date ofthe publication ofthe preliminary notificition, object to--

(a) the area and suitability of land proposed to be acquired;

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(b)justification offered for public purpose;

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(c) the findings ofthe Social Impact Assessment repon.

(2) Eyery abjection under sub-section (/) shall be made to the Colleclor in wriling, and

the Collector shall give the objector an opportunity of being heard in person or by any

person authorised by him in this behalfor by an Advocate and shall, after hearing all such

objections and after making such funher inquiry. ifany, as he thinks necessary, either make

a repon in respect ofthe land which has been notified under sub-section (/) ofsection I I , or

make different reports in respect of different Parcels of such land, to the appropriate

Govemm€nt, containing his recommendalions on the objections, together with the record of

the proceedings held by him along with a separate report givingtherein the approximate cost

ofland acquGition, paniculars as to th€ number ofaffected families likely to be resettled. for

the decision ofthat Govemment.

section 21 (/) The Collector shall publish the public notice on his website and cause public

notice to be given at convenient places on or near the land to be taken, stating that the

Govemment intends to take Possession of the land. and thal claims to compensations and

rehabilitation and resettlement for all interests in such land may be made to him.

(2) The public notice referred to in sub-section ( /) shall state the particulars ofthe land

so needed, and require all persons interested in the land to appear personally or by agent or

advocate before the Collector at a time and place mentioned in the public notice not beinB

less than thirty days and not more than six months afler the date ofpublication ofthe notice.

and to state the nature oftheir respectiye interests in the land and the amount and particulars

oftheir claims to compensation for such interests. their claims to rehabilitation and resefilement

along with their objections, ifany, to the measurements made under section 20.

(J) The Collector may in any case require such statement referred to in sub-section (2)

to be made in writing and signed by the parfy or his agent.

(,1) The Collector shall also serve notice to the same effect on the occupier, ifany' of

such land and on all such persons known or belicved to be interested therein' be entitled to

act for persons so interested, as reside or have agents authorised to

Ajay Sethi
Advocate, Mumbai
95221 Answers
7612 Consultations

5.0 on 5.0

1. You are entitled to compensation for the Government's acquiring your land this time and also 15 years ago.

2. First claim the compensation to the authority with interest for the last 15 years and also for the current acquisition.

3. If you receive no such compensation, file a Writ Ptition petition before the High Court praying for a direction upon the Govt. to pay you the compensation for the acquisition 15 years ago witb interest and also for the current acquisition.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

1. Govt. cannot acquire your property for public use without paying you he compensation.

2. File a Writ Petition before the High Court as advised in my earlier post.

3. It is expected to be heard and disposed of within a month or two, if your Advocate pursues hard with the registry.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

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