• Land acquisition

Hi,
 We had 5 shops on the main road, govt acquired our land to build Govt Medical collage. Its been 12 years now, this was in my fathers name but 2 year before the demolition this was transferred to my mother. FYI (My father is missing from 1989 and untraceable) Now this was the only source of income we had. Now govt is about award the compensation for loss of property. Now my question is in these 12 years we have been in a mental trauma as we 3 brothers could not finish our education, we had to sell our ancestral property. Now my mother diagnosed with partial heart failure. How can we file compensation for all these losses? Please help.
Asked 7 years ago in Property Law
Religion: Hindu

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8 Answers

Government acquires property for public purposes only by way of Priliminary notification and final notification. When was preliminary notification issued? and what are its contents? For claiming compensation you need to move the authority mentioned in the notification itself. You can claim higer compensation due to loss suffered by you on account of demolition on property and non payment of compensation on time. You can contact me for detailed legal advice. 

Jamal Sait
Advocate, Bangalore
168 Answers
2 Consultations

you can make a representation to the competent authority with documentary evidences supporting your claim for enhanced compensation for acquisition of your land.
Please be informed that you make proper representation to the authorities with relevant information and papers so that your claim is not rejected and despite that if the authority is rejected the claim you can approach LA court in your jurisdiction.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

You would be paid compensation as per provisions of land acquisition act 2013 as per market value of property and 100 per cent solatium

Ajay Sethi
Advocate, Mumbai
99786 Answers
8145 Consultations

Sir file representation before the Land acquisition officer the provide you enhanced compensation for your losses suffered and there is huge delay in payment of compensation if the department fails to provide you with same file a writ petition before the high court to get proper compensation for your losses. 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Dear Sir,

It is called tort. You can venture an example by filing civil suit after issuing a statutory notice of 60 days under section 80(1) of Civil Procedure Code. Most of the citizens are not coming forward to take such actions due to several reasons. You will succeed because it is hard fact borne by records.

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

You can apply for compensation for the land acquired as legal heirs your father but for that you may have to obtain civil dead certificate through court of law by filing a declaratory suit to declare him civil dead on the basis of police  man missing complaint, and the period should be more than seven years from the date of last seen and after that obtaining a legal heirship certificate from revenue department on the court decree declaring him as civil dead.

The land acquisition compensation amount shall be paid to all the legal heirs jointly.

T Kalaiselvan
Advocate, Vellore
89988 Answers
2493 Consultations

1. File proper appeal before the competent authority, requesting for enhanced compensation and interest for the delay and for the mentioned factors that you mentioned.

2. Typically the above enhancement would be considered, if there was a delay from their part.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

  1. As per the information mentioned in the present query, make sit clear that you have been going through a very bad time, and compensation may help you little.
  2. You should make a representation to the concerned department mentioned in the above query, and then wait for few days.
  3. If they do not reply or reply in negative then you may have to file a civil suit for compensation of these many years before the civil court of law.
  4. There have been some good precedents by Hon’ble Supreme Court of India in the cases like the present one favouring the party.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

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