• About new land acquisition act 2013

Due a hydro power project my land is acquired by govt in 2013 (as per section 11 of 1894 act). But i didnt get my money till date and i have give passion to govt in june 2017. Do i came under new acquisition act 2013?
Pls answer my quation
Asked 8 years ago in Property Law
Religion: Hindu

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4 Answers

section 24(1) of new land acquistion act 2013 provides that if no award has been made the provisions of new land acquistion act shall apply relating to compensation .

2) 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 the beneficiaries specified in Section 4 notification become entitled to compensation under 2013 Act.

3) you would be entited to compensation under new act

Ajay Sethi
Advocate, Mumbai
98931 Answers
8048 Consultations

Yes you can be covered under the new acquisition act enacted in the year 2013.

Compensation: Given the inaccurate nature of circle rates, the Bill proposes the payment of compensations that are up to four times the market value in rural areas and twice the market value in urban areas.

Retrospective operation: To address historical injustice the Bill applies retrospectively to cases where no land acquisition award has been made. Also in cases where the land was acquired five years ago but no compensation has been paid or no possession has taken place then the land acquisition process will be started afresh in accordance with the provisions of this act.

T Kalaiselvan
Advocate, Vellore
89133 Answers
2442 Consultations

If you have not received the compensation yet and there has been no response from the authority, you may approach land acquisition court for recovery and collection relief.

T Kalaiselvan
Advocate, Vellore
89133 Answers
2442 Consultations

section 24 of land acquisition act 2013 provides

Notwithstanding anything contained in sub-section (1), in case of land acquisition proceedings initiated under the Land Acquisition Act, 1894, where an award under the said section 11 has been made five years or more prior to the commencement of this Act but the physical possession of the land has not been taken or the compensation has not been paid the said proceedings shall be deemed to have lapsed and the appropriate Government, if it so chooses, shall initiate the proceedings of such land acquisition afresh in accordance with the provisions of this Act:

Provided that where an award has been made and compensation in respect of a majority of land holding has not been deposited in the account of the beneficiaries, then, all beneficiaries specified in the notification for acquisition under section 4 of the said Land Acquisition Act, shall be entitled to compensation in accordance with the provisions of this Act."

3) in your case award made in 2013 then then such proceedings shall continue under the provisions of the 1894 Act as if that Act has not been repealed.

Ajay Sethi
Advocate, Mumbai
98931 Answers
8048 Consultations

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