Yes you can go legal if you get less compensation
BMRDA released and unreleased sites.
My SIL has purchased a site in Anekall Taluk in Bangalore in 2006.The plan is approved by Anekal Planning Authority and approved by BMRDA Later, I understand that the site is not released. I have the registered sale deed,E Katha and paid upto date prooerty tax to Anekal Panchayat.Now I understand that NH No.844 is passing thru our layout and many of the plots are impacted. Will the NH compensation will be different for released and unreleased sites.If they show any decrimination, can I go legal?
Asked 5 years ago in Property Law
Religion: Hindu
9 Answers
40% unreleased sites will be released by BMRDA once project developer completes the development of the project per the BMRDA approval plan.
2) since you have registered sale deed , E khata and paid property taxes you would be entitled to compensation in case of acquisition of land
3) you can take legal proceedings if compensation is denied to you
See sites are released on work as per plan approval since you have paid the amount and there is khata you are entitled to claim compensation and can further go for legal proceedings if less or no compensation is given.
Dear Sir,
The following information may kindly be read:
Land acquisition rule for highways may be eased
The government is considering easing the mandatory 80% land acquisition condition before highways construction can start to speed up road building and start more projects before the next elections.
A top government official said that this condition could be relaxed to 50% mandatory land acquisition. The road transport and highways minister Nitin Gadkari is likely to take the final call on the proposal soon.
The land acquisition process for any project currently takes around one and a half year on an average.
"In any project, structures such as bridges and flyovers take the maximum time. The proposal is to award projects when 50% land is already available and start work on structures," the official added.
"In our experience, the land acquisition process doesn't face too many problems in states such as Andhra Pradesh, Karnataka, Tamil Nadu, Telangana and Gujarat. Whereas, in states such as Uttar Pradesh, Bihar and West Bengal it takes time," the official added.
He said reducing the threshold will not necessarily mean projects will get stalled later as in last four years farmers have been more than willing to give their land because of increased and timely compensation. The government currently offers four times the market price for farm land.
"We've also decided not to acquire land before the harvest season as it unnecessarily leads to creation of hurdles for farmers, therefore, delaying the handover of land," he said.
The road transport and highways ministry is hoping to deliver 300 national highways across country ranging close to 11,000 km and award 25,000 Kms by the end of the current fiscal.
The National Highways Authority of India (NHAI) is the largest land acquisition agency in the country. On an average, it acquires around 10,000 hectares land a year and disburses Rs 10,000 crore as compensation.
The road transport and highways ministry is hoping to deliver 300 national highways across country ranging close to 11,000 km and award 25,000 Kms by the end of the current fiscal.
The National Highways Authority of India (NHAI) is the largest land acquisition agency in the country. On an average, it acquires around 10,000 hectares land a year and disburses Rs 10,000 crore as compensation.
Hello,
Compensation will not be difference since you have the registry in your name and also you have been paying land taxes. If they discriminate then you may approach the appropriate forum for proper compensation.
Regards
government is bound to compensate the loss in actual. If you are not satisfied with the rate you may contact an advocate for agitate the same in proper manner, which in most cases succeeds.
You should have originally gotten registered the site only after BMRDA released it for registration. Usually BMRDA releases 40% of the sites in the first lot and balance 60% after all the amenities such as roads, parks, and other internal works are fully completed.
However since you have a registered sale deed, if your plot is acquired for NH No.844, then the National Highways Authority of India, the acquiring authority will evaluate your plot and fix a compensation to be paid to the owner, if that compensation is not acceptable to you or you seek higher amount, then their awarded amount will be deposited in the jurisdictional civil court which will then decide the correct compensation payable to you.
Hope this answers your doubts.
Compensation will be paid as per the latest land acquisition compensation rules.
Dear client
The compensation of aquirement by govt cannot differentiate on basis of released and unreleased sites. But if they make different compensation then you can go to court against the compensation offered to you.
