You please first file a suit for enhanced compensation in the court of law first.

If you have already gone to the Hign Court then also you can amend your pleadings and ask for the more enhanced compensation if it is been paid to others as it would be infringement of your fundamental rights of equality by the state authorities.

See, what the department says don’t really do the same as per my experience.

If you want to wait you can wait also till the time they deposit the same in your account.

If they deposit lesser than the others have received then you must approach the court of law.

And please have some proofs from others in respect of the others who are in the process of receiving the same or have already received.

Receive the compensation under.objection challange same before.the district court if not satisfied bundistrict court order challange same before high court if.youndonot reiceve the proper compensation.

Yes your friend told you right but first you have to challange same before the district court.

Since the compensation decoded by the authority is mostly on the jantri value claim proper market value and solatium mot paid .

Receive the compensation file an objection to same that your receiving it under objection that your not satisfied than challange same.

1) do you have any evidence regarding market value of property in vicinity of your land

2) you can attend meeting let authorities decide claim for compensation payable to farmers then take a call

Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement act

he First schedule to the Act of 2013 provides for package of compensation for land owners. This schedule provides for components which constitute the minimum compensation package to be given to those whose land is acquired. Clause (1) of First Schedule provides that a person whose land is acquired is required to be paid market value of land as determined under Section 26 of the Act of 2013.

2). under section 38 (1) of new land acquisition act payment is to be made within period of 3 months of award

3) section 77 of new land acquisition act provides that payment of compensation is to be made by collector by depositing in bank accounts of persons whose land is acquired

4) if you are not happy with compensation offered don’t take the compensation

Hi, once you take compensation you cannot file for higher compensation ... It is advisable to file writ in high court without taking the compensation

1. You are being given double the price at which the said land is registered i.e. the circle rate of the said land.

2. Logically you have no ground to claim more money that what has been offered since the acquisition for construction High Way is legal.

3. However, if you can collect evidence that the same authority has paid compensation much more than what is being offered to you, you can certainly file a Writ Petition against the said national Highway Authority for their discrimination.

1. You can not stop the said acquisition unless it is illegally acquired by the Government.

2. So, you shall have to take the compensation under protest and then file the said Writ Petition against the National Highway Authority as suggested in my earlier post.

The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (also Land Acquisition Act, 2013) is an Act of Indian Parliament that regulates land acquisition and lays down the procedure and rules for granting compensation, rehabilitation and resettlement to the affected persons in India. The Act has provisions to provide fair compensation to those whose land is taken away, brings transparency to the process of acquisition of land to set up factories or buildings, infrastructural projects and assures rehabilitation of those affected.

Section 26 of the Act defines the method by which market value of the land shall be computed under the law.

The market value would be multiplied by a factor of, at least one to two times the market value for land acquired in rural areas and at least one times the market value for land acquired in urban areas. The Act stipulates that the minimum compensation to be a multiple of the total of above ascertained market value, value to assets attached to the property, plus a solatium equal to 100 percent of the market value of the property including value of assets.

In addition to above compensation, the Act proposes a wide range of rehabilitation and resettlement entitlements to land owners and livelihood losers from the land acquirer.Market value is often used interchangeably with open market value, fair value or fair market value, although these terms have distinct definitions in different standards, and may differ in some circumstances.

The provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, relating to the determination of compensation in accordance with the First Schedule, rehabilitation and resettlement in accordance with the Second Schedule and infrastructure amenities in accordance with the Third Schedule shall apply to all cases of land acquisition under the enactments specified in the Fourth Schedule to the said Act.

I was told by revenue department that They deposit compensation and will start work. I have to wait till case is resolved for compensation which may take many years. My friend who was in same situation who told that to take compensation and file case in high court. Do you suggest to take compensation and then file case.

If you apprehend the authorities to take possession of your property without any notice or proper compensation, you can approach appropriate court seeking an injunction till the disposal of the compensation for the land proposed to be acquired.

The claimants have a full right to contest their claim with regard to their entitlement of a free and fair compensation in accordance with the provisions of 2013 Act keeping in view the ordinances and the notifications referred to herein above. It is open to the petitioners, therefore, to raise their plea with regard to any such claim which may be admissible and permissible under the aforesaid provisions before the competent authority or the Court where any such issue of enhancement of compensation or claim of fair compensation has been raised or is pending consideration in relation to the acquisition of the land of the petitioners. This issue, therefore, will have to be decided by the appropriate forum and the claimants will have full right to raise this issue appropriately which the competent forum is obliged to decide in law.

Dear Client,

Reference for enhancement of compensation is valid after acceptance of award under protest.

And on refusal to enhancement, case is maintainable.

You can approach the HC through writ petition.