• Land aquisition for national highway expansion

Dears,
 I have a land of 1 Acre & 27 guntas on Bijapur-Hubli National Highway near Bijapur city in Karnataka. The current national highway is being widened. However, currently there is a curve around my field. Now there is a plan to avoid the curve & staighten the road & widen it. As a result, the new road will pass in the middle of my field and as a result my entire field is marked by authorities for acquisition. The current road taking the curve around my field will be closed eventually.
 Even if tthe compenstion is 4 times the value fixed at sub-restrar office is nowhere close to the real market value. Now my question, can I ask National Highway Authority to compensate me with adjacent land that on which the orifignal(current) road is taking the curve. This portion of the land belongs to Natioanal Highway authority & is not going to be used for road purpose in future.
Thanks & Regards,
Asked 4 years ago in Property Law
Religion: Muslim

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9 Answers

1)all the awards of compensation made on or after 01.01.2015 for acquisition of land under the National Highways Act, 1956, will be as per the First Schedule to the RFCTLARR Act, 2013.

2)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.

3) you would not be given adjacent land

Ajay Sethi
Advocate, Mumbai
87973 Answers
6207 Consultations

5.0 on 5.0

Dear Client,

Compensation shall be awarded acc. to market value, if no match to it, can object. You can claim for resettlement instead of compensation. There must be some Rehabilitation and Resettlement Scheme is published along with acquisition declaration:

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

You can ask for it through court but if they have reserved it for some purpose which is mentioned in current development plan or is going to be used in future for some development then court can reject your claim. But you can try it.

Abhilasha Wanmali
Advocate, Nagpur
1022 Answers
1 Consultation

4.8 on 5.0

Dear,

As you say that this portion of land belongs to NH authority, so how can you sure that

they can't take back in future. If you want to ask, then take full guarantee on papers,

otherwise leave this option.

Tarun Agarwal
Advocate, Jaipur
769 Answers
3 Consultations

4.9 on 5.0

In the event of the Acquisition there must be Rehabilitation and Resettlement that has to be undertaken in every case of acquisition. An Administrator shall be appointed after the publishing of preliminary notification for acquisition. The Administrator shall then conduct a survey and prepare a scheme for Rehabilitation and Resettlement. The Scheme shall the thoroughly discussed in the Gram Sabha (or equivalent bodies in case of urban areas). The Administrator shall then here all or any objections made against the scheme. The Administrator shall then prepare a report which will then be submitted to the Collector. The Collector shall review the schemes which will then be submitted to the Commissioner appointed for the Rehabilitation and Resettlement. Once the scheme is approved by the Commissioner, the government shall issue a declaration identifying the areas under the Rehabilitation and Resettlement scheme. The Administrator shall then see the execution of the scheme. The Commissioner shall then supervise the implementation of the scheme.

So according to the scheme you can be granted rehabilitation or resettlement but you cannot ask for the adjacent land, further the compensation shall be as per the market rate only otherwise same can be challenged.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1. You can apply before the National Highway Authority to exchange the land taken from you with the land they already possess and will not use in place of compensation.

2. If they do not agree for the same file a Writ Petition against their refusal to compensate you at the market price and also for refusing to accept your alternative proposal to exchange with their unused land which they are in possession of.

Krishna Kishore Ganguly
Advocate, Kolkata
26614 Answers
726 Consultations

5.0 on 5.0

Firslty, as per query stated by you, you can very well take them to the court after writing them a representation for the compensation as per the circle rate, if they do not revert back to the same then file a Writ of Mandamus in the High Court.

Secondly, though you can ask for the same, but I doubt as they would give you that in lieu of compensation.

Thirdly, because as per the compensation definition knthe act is only for the monetary compensation only.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

The NHAI may be approached with your proposal to allot the curved land to your use in lieu of the land acquired by them now..

Let them decide about it

T Kalaiselvan
Advocate, Vellore
78131 Answers
1543 Consultations

5.0 on 5.0

Yes you may ask the NHAI.

If they do not listen to you then you may approach the HC and file a case under article 226 of the Constitution of India.

regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

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