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.
Land acquisition by NHAI
Hi, The government is trying to acquire a property that i hold for the construction of a new highway. As per the National Highways Act 1956, i raised an objection to this when the notice of intention was released. But my notice was not acknowledged and the authorities went further with the plan.Now the compensation that they have allocated me has the following issues- 1. The rate used for the calculation is the average of past 4 years, instead of using the rate that was applicable on the day the intention notice was released (As per section 3G.7.a of the act) 2. The rate has been decided not based on the location of the property but based on a property which is 2 Kms away from the main highway. 3. The rate was not declared and no information was given, only when an RTI was filed was the information made public. Also, the authorities are going against section 3H.1 of the act and want to acquire the land before the arbitration. Kindly suggest me the way to move forward as this land was our only source of income and the money being allocated in compensation is less than 10% of the actual value that should have been allocated.
Asked 7 years ago in Civil Law
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10 Answers
Sir collect the amount of compensation under objection and challage the award before the appointed authrority/arbittarbit first for enhancement of the award.
Further if they fail then a petition can be filed before high.court for appropriate value of the property.
your remedy is to file a Writ Petition in High Court under Article 226 of the Constitution
You are entitled to compensation as per new land acquisition act 2013
you are entitled to market value of your land plus 100 solatium
3) The Ministry has directed NHAI, NHIDCL and others to enhance compensation to farmers as per provisions of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, (RFCTLARR Act) 2013 in cases were award was fixed as per old law but compensation has not been paid to land owners,"
the decision will also be applicable to farmers whose awards were fixed prior to January 1, 2015 but physical possession of land so acquired has not been taken.
Dear Client,
Date for determination of market value shall be the date on which the notification has been issued.
You can approach HC but let first collector announce award or if its final or tentative ? IF final than file reference before Law acquisition officer.
HC will interfere in extreme need,like LAO delaying deciding reference and acquisition proceeding.
Dear Sir, you should file a writ before the high court seeking adequate compensation under land acquisition act
Hello,
Immediately move to the HC for non compliance of the statutory rules before acquisition of the land.
File a writ before the HC immediately.
Regards
You can file a writ petition before high court venting out your grievances in this regard and seek stay of acquisition for the reason to revise the compensation amount.
You can give the documentary evidences to prove your pleadings about the actual market rate and seek compensation accordingly citing relevant provisions of law to enhance the compensation amount.
Participate in the arbitration proceedings for now, before approaching the Allahabad High Court at an appropriate stage.
File immediately a Writ before the Hon'ble High Court challenging the acquisition from the very beginning.
