Hi...
No ifs and buts, the answer is a clear NO, You will not be eligible for the compensation under new Land Acquisition Act.
Thanks
Land acquired by Gail India Co. as per 1894 Act - compensation still not accepted
Dear Adv. Ajay sethi ji, my land acquired by Gail India co in 2006/2007 as per old land acquisition act. but we are not accepted very less compensation by Gail India still today onward. land acquired by Gail India Co. for gas pipeline sub station & that work already complete. so we are eligible for new land acquisition act. under right & fair re-settlement compensation please guide. prashant Dilip Adhikari. At-kharivali , Tal-wada , Dist-Palghar. 421303
Asked 6 years ago in Property Law
Religion: Hindu
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14 Answers
when was award passed?
2) what was compensation offered?
3) do you continue to remain in possession ?
4) did you take any legal proceedings to challenge the compensation offered?
5) section 24(2) of land acquisition act 2013 provides
(2) 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:
5) you would be entitled to compensation under new act if compensation has not been paid
OK but still paper not cleared 7/12 is not change it is totally on my name.
Asked 6 years ago
7/12 extract does not confer title to property
2) it is for payment of property taxes
any award is issued in terms of compensation under section 11 of old act..?
Dear Sir,
You are fully entitled for the compensation. Just file a representation and then move High Court for a direction to pay the compensation. For any other it is not being paid then offer to execute Indemnity Bond and also offer to give sufficient guarantee. Thus at any cost compensation will be paid on some conditions if there is any loophole on your side. Nothing to bother.
Have you raised objection to compensation?
Have you challamged or appealed the order of compensation?
Still the possession is with you or the land is not put to use?
24. (1) * * * * *
(2) 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 holdings 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.
*
Please file before high court by way of writ to cancel the acquisition.contact with further detail.
If they have not paid you compensation as per section 24 its clear that if no payment is made then you will be entitled to compensation as per new act. Regarding 7/12 it is for payment of property taxes. And you are eligible for claiming compensation as per new act.
Yes you are eligible for the same. Apply the competent court in your jurisdiction for the same
See if you're covered under section 24(2) of the new Land Acquisition Act.
If yes, you may get these acquisition proceedings deemed lapsed with respect to your parcel of land.
Contact a local land acquisition lawyer.
File complaint with tehsildar
If you have not accepted the compensation, make sure that they have not deposited the same in a court of law.
You can very well seek enhancement on the basis of latest land acquisition law.
OK but still paper not cleared 7/12 is not change it is totally on my name.
Name transfer in the revenue records is not a big issue, they can get it transferred overnight by putting pressure through top level officials.
yes, you may go ahead and file an application for enhanced compensation under the provisions of the land acquisition act. under right & fair re-settlement compensation
OK but still paper not cleared 7/12 is not change it is totally on my name.
This is good for you, kindly contact a local lawyer