• Rehabilitation

Respected Sir/ Madam,
 I am running a shop in the railway remises for last 50 years. The land belongs to Railways , a complex consisting 54 shops only ground floor with measurements of 10/10 each shop in three rows were constructed at our own and making payment to Railways on annual basis. My family fully depends on the income comes by running the shop only.
 A month ago, AP state Govt. Authorities came with Engineers and taken measurements and made markings for expansion of roads. Under this expansion, one entire row consisting 16 shops are going to be demolishid. Here it is apt to inform you that only one side of existing 60 ft road is being occupied stating that other side of road is a temple and adjoining shops may not damage. 
 In case the demolition of shops are must, there a bit of land in the railway premises, Is there any provision that the railways must have be provided rehabilitation.
We 17 people are under great depression. Kindly suggest what action is required to be taken from our side.
Thanking you sir,

P. Ramanjaneyulu
Asked 7 years ago in Labour

First answer received in 30 minutes.

Lawyers are available now to answer your questions.

4 Answers

1) if 16 shops on railway land are acquired you would be paid compensation

2) NATIONAL POLICY ON RESETTLEMENT AND REHABILITATION

FOR PROJECT AFFECTED FAMILIES-2003

(Published in the Gazette of India, Extraordinary Part-I, Section 1,

No- 46, dated 17th February, 2004)

3) Compulsory acquisition of land for public purpose including infrastructure projects displaces people, forcing them to give up their home, assets and means of livelihood. Apart from depriving them of their lands, livelihoods and resource-base, displacement has other traumatic psychological and socio-cultural consequences. The Government of India recognizes the need to minimize large scale displacement to the extent possible and, where displacement is inevitable, the need to handle with utmost care and forethought issues relating to Resettlement and Rehabilitation of Project Affected Families.The rehabilitation grants and other monetary benefits proposed in the Policy would be minimum and applicable to all project affected families whether belonging to BPL or non-BPL families.

4) the Administrator for Resettlement & Rehabilitation shall take all measures for the rehabilitation and resettlement of all project affected families(PAF) in respect of that project.

5) Any Project Affected Family (PAF) owning house and whose house has been acquired may be allotted free of cost house site to the extent of actual loss of area of the acquired house but not more than 150 sq.m. of land in rural areas and 75 sq.meter. of land in urban areas.

6.3 Each PAF of BPL category shall get a one-time financial assistance of Rs. 25000/- for house construction. Non-BPL families shall not be entitled to receive this assistance.

7) Stamp duty and other fees payable for registration shall be borne by the requiring body.

8) The Land allotted under para 6.4 shall be free from all encumbrances. The Land allotted may be in the joint names of wife and husband of PAF.

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

you are entitled to get rehabilitation and compensation. when commercial activity has been going on for more then 10 years and commercial premises is acquired or regained then the person whose profession is affected has right to get compensation and rehabilitation. you should file a writ before the high court under article 226 of indian constitution for compensation and rehabilitation grant.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

1. In these circumstances the licensees who are likely to be affected by the demolition can file a suit for permanent injunction against the railways to stop it from acquiring the shops and demolishing them. A notice is required to be issued to the railways before you sue it in the civil court.

2. There is no specific provision which mandates that railways should adequately rehabilitate you. Humanitarian consideration can weigh though with the court to grant you interim protection.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Under the The right to fair compensation and transparency in land acquisition, rehabilitation and resettlement Bill 2012, it has been provided for fair compensation, thorough resettlement and rehabilitation of those affected, adequate safeguards for their well-being and complete transparency in the process of land acquisition.

If land is purchased then there are no benefits for livelihood losers who are usually far greater in number than the land owners. This Bill ensures that they are taken care of and not simply displaced.

Compensation for livelihood losers: In addition to those losing land, the Bill provides compensation to those who are dependent on the land being acquired for their livelihood.

Safeguards against displacement: The law provides that no one shall be dispossessed until and unless all payments are made and alternative sites for the resettlement and rehabilitation have been prepared.

Based on that above new law for land acquisition, you may initiate proper legal action for claiming compensation and rehabilitation/resettlement.

The Railways may not compensate you, it is the government which is trying to dispossess you shall compensate you appropriately and you may collect the evidence for your tenancy before that.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer