• Regarding payment for compensation for sandalwood trees

Hello sir , recently our land was acquired for national highway road widening and fair compensation was paid for land but we couldn’t get the fair compensation for sandalwood plants.
Actually sandalwood plant would be ready to be cut after 15-20 years. Since they are cutting now, the plants are aged about 5-6 years .
And they are telling that they would pay just 70 rupees per kg for only the wood and I don’t think it would be useful or profitable as we can’t even get the expenses incurred on it.
Please suggest how we can proceed with it.

Thanking you 
Nivaan P
Asked 7 years ago in Constitutional Law

11 answers received in 1 day.

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11 Answers

You can file your objections in detail to the same before the land acquisition officer, state in the protests that you have been heavy loss in sandal wood plants and it will cause a lot of loss and mental pain. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Sir collect the amount of compensation under protest and go before the appellant authority to challange same if he fails to.determine court value you can move to.cpurt and can ask fair price of plants attached to.your land.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

as per new land acquisition Act , in u rban areas, compensation is twice the market value of the property, plus 100% solatium on this amount

2) Market value' is determined based on sales and purchases made at sub-registrar offices

3) Section 30 of the Act of 2013 makes a provision for awarding solatium @ 100% of the total compensation which is required to be paid

 

4)if you are dissatisfied with award of compensation 

under section 64 of new land acqusition act you can make written application to collector requesting that matter be referred to authority as you are not satisfied with the compensation awarded

5) the collector has to make reference within period of 30 days to authority

6)  if collector faisl to dos you can apply to authority requesting it to direct collector to make refernce

7)please note that you should apply to colelctor within period of 6 weeks of receipt of award from collector

Ajay Sethi
Advocate, Mumbai
99785 Answers
8145 Consultations

You can prefer an appeal against the decision of this meagre compensation or file a writ petition before high court seeking relief and remedy.

T Kalaiselvan
Advocate, Vellore
89986 Answers
2493 Consultations

Dear Sir,

You must raise the objection in the Civil Court or High Court. Definitely Court will consider and allow additional compensation.

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

Hello,

file an application for enhanced compensation before appropriate authority, if no action is taken by them then file a writ in the High Court.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Dear client, 

At least through court, You can recover expanses incurred on growing plants and profit lost. 

Yogendra Singh Rajawat
Advocate, Jaipur
23081 Answers
31 Consultations

Dear Sir,

Cutting of Sandalwood trees is prohibited thus you can get a stay order and seek permission to denotify that particular portion of land and protect them for the next 15 to 20 years.  For this purpose you have to approach several officers.

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

File a writ petition in High court.

Prashant Nayak
Advocate, Mumbai
34520 Answers
249 Consultations

Please send legal notice without any further delay and claim the damages from authorities.

G Suresh
Advocate, Chennai
394 Answers
5 Consultations

hello

       the RFCTLARR ACT, 2013 specifically states that in case of any grievances the person can approach the Land Acquisition, Rehabilitation, and Resettlement (LARR) Authority. and he would hear the grievance. therefore act accordingly.

regards

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

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