• Nhai land acquisition

Sir,

NHAI has released a 3D Notification to acquire my property (For the purpose of laying an Rail over bridge) on which Rice
mill is currently operating. I would like to know the below in this regard.

1. Will the compensation be limited to land and building only as per Land Acquisition Act / RECTLARR Act ?
2. There is machinery in the rice mill worth about 1 crore which the CALA (Competant Authority Land Acquisition) did not assess. How do i get the comensation 
 for this ?
3. How is RECTLARR Act applicable to an Industry if it marked for acquisition by NHAI ?

Please advise.

Regards,
Srinath
Asked 4 years ago in Civil Law

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7 Answers

Dear Cleint,

1. Will the compensation be limited to land and building only as per Land Acquisition Act / RECTLARR Act ? -- Under rehabilitation/resettlement scheme some additional subsistence allowances.

2. There is machinery in the rice mill worth about 1 crore which the CALA (Competant Authority Land Acquisition) did not assess. How do i get the comensation for this ? ---- That can be shifted, You can seek alternate land with same market value and denomination.

3. How is RECTLARR Act applicable to an Industry if it marked for acquisition by NHAI ? ---- ????? Act limited to multi-crop irrigated area, which shall also permitted as remedy of last resort.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

1) the Karnataka high court has said that provisions of new land acquisition Act, 2013 are not at all applicable to acquisitions made under National Highways Act, 1956, a special law.

“The provisions of new land acquisition Act do not override or render the provisions of National Highways Act . On the contrary, they are harmonious and complimentary to each other with specified area connectivity,”

2) The court has cited the provisions relating to compensation under the new land acquisition Act saying that they are applicable to National Highways Act, 1956 as well by virtue of delegated power given to the central government

3) The Collector in determining the market value of the building and other immovable property or assets attached to the land or building which are to be acquired, under Section 29 will use the services of a competent engineer or any other specialist in the relevant field, as may be considered necessary by him.

4) The collector in determining market value take into account • the damage sustained by the person interested, at the time of the Collector’s taking

possession of the land, by reason of the acquisition injuriously affecting his other property,

movable or immovable, in any other manner, or his earnings;

• in consequence of the acquisition of the land by the Collector, the person interested is

compelled to change his residence or place of business, the reasonable expenses incidental

to such change;

4) value of machinery should be considered in deterring acquisition amount

5)

Ajay Sethi
Advocate, Mumbai
87899 Answers
6207 Consultations

5.0 on 5.0

Section 26 of the Act defines the method by which market value of the land shall be computed under the proposed law. Schedule I outlines the proposed minimum compensation based on a multiple of market value. Schedule II through VI outline the resettlement and rehabilitation entitlements to land owners and livelihood losers, which shall be in addition to the minimum compensation per Schedule I

No property, movable or immovable, including any interest in or in any company owning, any commercial of industrial undertaking shall be taken possession of or acquired for public purpose under any law authorizing the taking of such possession of such acquisition, unless the law provides for compensation for the property taken possession of or acquired and either fixes the amount of compensation or specifies the principles on which and the manner in which, the compensation is to be determined and given.

T Kalaiselvan
Advocate, Vellore
78057 Answers
1543 Consultations

5.0 on 5.0

You can file petition for enhancement of compensation agonists acquisition officer

Konda Srinivas
Advocate, Hyderabad
211 Answers
2 Consultations

Not rated

You can put your representation on record with the authority. If they don't give you satisfactory reply file writ petition in hc

Prashant Nayak
Advocate, Mumbai
27232 Answers
88 Consultations

4.4 on 5.0

Hi

Under section 3 a of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (also Land Acquisition Act, 2013), compensation includes Compensatory reimbursement of loss of economic value of land and other property erected thereupon.

So in response to your question.

1) Compensation will NOT be limited to land and building, but will also include things attached to the

earth or permanently fastened to anything attached to the earth;

2) In general, machinery of the rice mill is considered as attached to earth till such time they are uprooted from earth.

3) The valuation of the machinery is either on replacement value basis or on basis of sale value which ever is higher. In order to claim the higher value,, you need to establish that the machinery once dismantled will be of no commercial value .

4) Compensation rules have been well drafted for the purpose of rehabilitation and settlement for affected individuals and families.

5) But in case of an industry/ factory affected by land acquisition, concessions under land acquisition act are still possible, but at the discretion of land acquisition officer and collector.

6) Considering that relocation costs are quite exorbitant in the present day context, you can make a representation for

a) alternative accomodation at subsidized rates/deferred payments

b) Extension of subsidies(power) or

c) sales tax deferment etc

to the land acquisition officer who will then consult the collector and district industries officer and may oblige to accede to your request.

If your request for compensation for relocation costs/ valuation of plant and machinery, you can approach the High court and get compensation by challenging the said acquisition.

Hope this information is useful.

Rajgopalan Sripathi
Advocate, Hyderabad
2169 Answers
394 Consultations

5.0 on 5.0

1. Yes.

2. That won't be included.

3.RECTLARR act would be applicable as it 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.

Siddharth Jain
Advocate, New Delhi
5925 Answers
101 Consultations

5.0 on 5.0

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