• Compensation for land acquired by bihar government in the year 1988

My land was acquired by Bihar government in the year 1988 for construction of public road. But compensation not yet paid. Can I file writ in the High court Patna to get compensation? Does delay in filing of writ weakens my right? If no , any reference of law or court judgement available? Please guide me suitably supported by facts. Thanks.
Asked 4 years ago in Property Law
Religion: Hindu

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13 Answers

Sir you can file for compensation in writ petition further the delay can be explained by you as to why such delay is caused in asking compensation if the land is not put to use you can pray for cancellation of such acquisition as no.award was paid in 5 years of acquisition.

Such acquisition in which the compensation is not paid is not valid.

http://www.livelaw.in/compensation-paid-owner-land-acquisition-valid-says-supreme-court/

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Firslty, yes delay can be condoned, but only in the basis of a valid reason for not coming till now.

Secondly, it depends upon the fact that whether you have contested the acquisition or not.

Thirdly, if possession has been taken, but no compensation has been made then yes you may get compensation.

Fourhtly, the main point is also for the consideration that whether any assurance was given to you or not, or denying the proceeds of giving.

Rest, you are free to contact me through Kaanoon for any further clarification, as need to see the documents if any with you to provide exact advice for the same.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

1) If compensation not paid to owner, land acquisition not valid, says Supreme Court...

2) The Bombay High Court recently allowed a petition filed under Section 24 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. A bench of Chief Justice Manjula Chellur and Justice NM Jamdar ruled that the acquisition proceedings had lapsed under Section 24(2) of the said Act and hence, the petition was allowed...

3) As per Section 31(2), if the compensation is not accepted or collected by the claimant, the compensation has to be deposited by the collector in the court where the reference can be made under Section 18 of the Act of 1894....

4) We suggest that you should file a Writ Petition thereby seeking compensation from govt.

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

1) if your land was acquired by Govt in 1988 and compensation not yet paid you can file writ in HC for claiming compensation

2) you have to explain the delay of 30 years in filing writ petition

Ajay Sethi
Advocate, Mumbai
87917 Answers
6207 Consultations

5.0 on 5.0

If you have not received the compensation that does not mean that you can be deprived from your right you can file a petition in the high court of mandamus nature to order by the court for payment of compensation along with the interest for the delay period. You may provide reasons for delay in petition which may be condoned by the High Court

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

Dear Client,

As per judgement of S C - Delay In Seeking Compensation For Land Acquisition Can Be Condoned In Appropriate Cases. And

if compensation for land acquired under the 1894 Act has not been paid to the land owner or deposited with a competent court than payments overdue or delayed to landowners will attract higher compensations, and would make such acquisitions void.

File writ in H C.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

You have no other option but to file writ petition

2) you have already lost cultivable land and no compensation was paid

3) you must file writ and claim compensation

Ajay Sethi
Advocate, Mumbai
87917 Answers
6207 Consultations

5.0 on 5.0

On basis of said letter you can file writ

Mention that you have repeatedly approached authorities for compensation but no payment was made inspite of repeated verbal reminders

Ajay Sethi
Advocate, Mumbai
87917 Answers
6207 Consultations

5.0 on 5.0

File a writ petition in High Court against concern department.

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

As per amended land acquisition act, you are eligible for compensation acc. to today`s market value and compensation.

Even the acquisition proceeding get lapsed if govt. failed to give compensation within 5 years. You can claim your land back with damages and loss.

It is advisable to file writ in HC.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

My land was acquired by Bihar government in the year 1988 for construction of public road. But compensation not yet paid. Can I file writ in the High court Patna to get compensation? Does delay in filing of writ weakens my right? If no , any reference of law or court judgement available? Please guide me suitably supported by facts. Thanks.

If the compensation has not been paid then you can claim compensation as per the latest amendment to land acquisition rules.

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.

Have you applied fort this compensation so far or not?

First exhaust the remedies with the authorities concerned and then plan to approach high court or land acquisition special court.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

State must pay compensation at the market value for such land, building or structure acquired (Inserted by Constitution, Seventeenth Amendment Act, 1964).

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.

You can approach the land acquisition special court seeking compensation and if aggrieved by the decision of the LA court, you may approach high court with an appeal or by filing a writ petition.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

It is worth mentioning that Land Acquisition Officer Purnea (Bihar) has written a letter in the year 2014, to PWD, Road Division, Madhepura (Bihar) to pay the compensation for the land acquired on new rates to the land owners but no action taken till date by any of the authority.

You may first approach the authorities concerned with an application seeking compensation.

If you dont get proper response, you may plan to file a suit for compensation before the LA court or before the high court with a writ petition.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

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