• Land Acquisition by NHAI and paid very less compensation

Sir, My name is Vishnu Maskara. The agriculture land in the name of my grandmother is acquired by NHAI (for extension as well as develop of new road for Integrated Check Post) through proper notice in newspaper in the year 2010. Ours land was in prime area itself passing through the earlier NH as well. The extension of earlier National Highway was from our area as well. The new NH was in the range of 15 kms. The market value of our land was the maximum at the time of acquisition as well but we received the lowest amount for the same.
Question was raised against the compensation and arbitrator was appointed of large area of land of many people in the year 2011 but we were not known about the appoint of arbitrator and arbitrator submit the previous compensation to the government. A group of people including me file the case against the compensation we are being alloted. We withdraw only 80% of the declared compensation amount.
Please guide us so that compensation amount could be increased or again appoint the arbitrator.
Asked 6 years ago in Property Law
Religion: Hindu

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7 Answers

if you have already filed case against meager compensation being awarded by NHAI you have to wait for disposal of the case 

 

2) court would increase the compensation amount if you are bale to show that market value on date of acquisition was more than awarded by NHAI 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Hello, 

please tell as to where the the case was filed you?

Also what was the order of the arbitrator? 

Definitely you can approach the appropriate authority for a fair compensation, if proper compensation as per the act has not been given to you. 

 

Regards 

 

   

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

There will be no arbitrator appointed again in  this matter.

Since you feel that the compensation amount has been paid very less when compared to the market value and that you suffer a heavy loss due to that, you can seek enhancement of compensation amount.

As you have raised the issue with the authorities concerned, if there is no response for a long time and there are no hopes for the enhanced compensation, you may file a writ petition before high court seeking the relief.

You may consult an advocate in the local and prefer a writ petition before high court at the earliest.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

You can approach the high under writ petition for the same

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

To increase compensation, you need to challenge payment of compensation by NHAI authorities in High court and seek enhancement.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Dear client 

If you can somehow show that arbitration proceedings was done in your absence as the notice of proceeding was not served to you for hearing date.  And the proceeding of arbitration was faulty in nature then only you can challenge the arbitral rewards. 

But according to me the limitation period is also over as the case was decided in 2011 and it's been 8 years and you have not challenge the decision of arbitration. Also you have used 80% of compensation amount that have sanctioned to you. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

Where you have file the objection  ? Before land acquisition officer or IN HC ? Have you filed a reference ?

Withdrawal will not effect your claim as same in receive under protest. Where your case is pending ?

 

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

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