• Land Acquisition

Land acquired by NHAI and award has been passed in 2003 but not given due to title dispute nor deposited in any civil court. Now Dispute is settled. Land is in possession of NHAI. Pls inform whether we will get compensation as per new act because earlier procedure of land acquisition has been lapsed as per Sec. 24(2) of New Act 2013 or we will get compensation as per old act.
Asked 8 years ago in Property Law
Religion: Hindu

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6 Answers

The SC has held in case of Pune municipal corporation v/s harakchand Solanki & ors

That acquisition would deem to have lapsed and you would entitled to compensation under new act if compensation has not been deposited in court or not paid to land owner

Ajay Sethi
Advocate, Mumbai
99807 Answers
8147 Consultations

Since possesion was taken and money was also depsoited the acquisiton has not be lapsed in your case.

So you entitled to get compensation only under the old Act and not under the New Act.

Act to claim your share of compensation. though you can apply for reference to increase the compensation.

Devajyoti Barman
Advocate, Kolkata
23655 Answers
537 Consultations

Hi, you will get the compensation at the rate on which it was Accquired, however you can ask for the interest in high court

Hemant Chaudhary
Advocate, Gurgaon
4632 Answers
67 Consultations

Instead of taking compensation, you should seek release of your land because as you said, by virtue of section 24(2) the land acquisition proceedings w.r.t. to your land has lapsed. 24(2) comes into play when as on 1.1.14, either the possession has not been taken or the compensation is not paid. Since, in your case, though possession was taken, but since compensation wasn't paid as on 1.1,2014, due to operation of this section the land acquisition proceedings have failed.

File a writ petition in the HC seeking benefit of section 24(2).

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

Hello,

You Must immediately file a writ petition in the High Court and claim benefit of section 24(2).

You will be entitled to get benefit of the new act and the compensation will be given to you as per the new act only, in light of the recent judgment passed by the Hon'ble Supreme Court.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Though the award was passed on the basis of the current situation at that time, you first receive the award amount already passed, and then initiate legal action for making payment as per the latest act and seek the difference in payment.

If the authorities do not agree for this, you may approach land acquisition disputes tribunal within your jurisdiction.

Actually as per latest laws, even such cases are covered for the enhanced payment as compensation.

Let the court decide.

T Kalaiselvan
Advocate, Vellore
90010 Answers
2496 Consultations

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