• Compensation of land acquired by Delhi Govt. in the year 1958-59

Hi,

Our land was acquired by Delhi Govt. in the year 1958-59 in the village Kilokari which lies in South Delhi for which they never compensated for our share. Their record show that they have paid the share of compensation to other shareholders deposited our share with the Treasury Office in1966. 
So, I would like to know 1. if we go to claim our share (for which they have also written to treasury office), will be paid as per the current rate for the year 2016 and 2017. 2. Is there any impact of latest land acquisition, rehabilitation and resettlement act 2013 on the compensation to be released? Please advise. 

We are also looking for a lawyer who can help us in dealing with Delhi Government with regards to the other piece of lands for which compensation is yet to be released. 

I can be contacted at [deleted]

Thanks and Regards
Aarun Sharrma
Asked 7 years ago in Property Law
Religion: Hindu

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5 Answers

1)Section 24(2) also begins with non obstante clause. This provision has overriding effect over Section 24(1 ). Section 24(2) enacts that in relation to the land acquisition proceedings initiated under 1894 Act, where an award has been made five years or more prior to the commencement of the 2013 Act and either of the two contingencies is satisfied, viz; (i) physical possession of the land has not been taken or (ii) the compensation has not been paid, such acquisition proceedings shall be deemed to have lapsed. On the lapse of such acquisition proceedings, if the appropriate government still chooses to acquire the land which was the subject matter of acquisition under the 1894 Act then it has to initiate the proceedings afresh under the 2013 Act. The proviso appended to Section 24(2) deals with a situation where in respect of the acquisition initiated under the 1894 Act an award has been made and compensation in respect of a majority of land holdings has not been deposited in the account of the beneficiaries then all t he beneficiaries specified in Section 4 notification become

entitled to compensation under 2013 Act.

2)In a comparatively recent decision,Supreme Court in Agnelo Santimano Fernandes[2], relying upon the earlier decision in Prem Nath Kapur[3], has held that the deposit of the amount of the compensation in the state’s revenue account is of no avail and the liability of the state to pay interest subsists till the amount has not been deposited in court

Ajay Sethi
Advocate, Mumbai
96829 Answers
7812 Consultations

The claim if it was not accepted and lapsed is not counted now.

If the acquisition is not happened and you are having the possession the current government policies norms shall be applicable and you will get the amount accordingly.

first make the inquiry and if the amount was deposited in the treasury and not yet claimed, and is still reflecting against your name .

In case you are not getting the claim and you have already dispossessed as part of acquisition, approach the appropriate court/tribunal with your claim .

Thresiamma G. Mathew
Advocate, Mumbai
1645 Answers
212 Consultations

There is no provision in the latest he Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (LARR) for compensation as on the current market rate.

You make a representation on the basis of latest rules on the subject, let the authorities admit or reject the claim, you may decide to initiate further legal action after that.

T Kalaiselvan
Advocate, Vellore
87030 Answers
2337 Consultations

Since the compensation was already made to all others long back and it is yet to be paid to only one shareholder, the authorities may take a different view.

They may not be willing to pay the current rate of compensation, but if you insist they may pay the interest from the date of settlement.

You may make a representation on the basis of the Act of the year 2013, let them give a reply after which you can plan further legal course on this.

T Kalaiselvan
Advocate, Vellore
87030 Answers
2337 Consultations

you would not get compensation as per latest rules

2) you would receive your share along with interest for years iot has been lying with treasury office

3) the reason being possession of land has been taken and majority of beneficiaries have been paid the compensation under LA act 1894

Ajay Sethi
Advocate, Mumbai
96829 Answers
7812 Consultations

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