• Land acquisition and fair compensation by NHAI (CALA)

Dear Sir/Madam,

Our lands in Andhra Pradhesh has notified to be acquired for Chennai -Bangalore Expressway road and the compensation been given in late 2017, however we are not happy and convinced with the rates given to our lands, as the markets are too high in our area, but as there is not much of revenue registration evidence to provide competitive rates the authority has awarded us with nominal rates based on the available limited land transaction statistics. The lands are still not taken into possession by Govt for the works. Is there are any ways for the land owners still can fight and challenge for fair compensation as the work is not commenced yet? Any other pointers on how to get more fair and justified for our lands?
Asked 6 years ago in Constitutional Law

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12 Answers

Yes if you are not satisfied with the compensation given by the n h a i You Can file Your protest with land acquisition officer in this regard the land acquisition officer will send your complaint in the form of a petition to the land acquisition judge who will decide the case on the basis of merit and laws after the decision of the land acquisition judge the amount of difference between paid to you by the land acquisition officer received from n h a i as per the direction of the court

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

You can file writing petition in high court for the same

Prashant Nayak
Advocate, Mumbai
34722 Answers
250 Consultations

Under section 26 of new LA act the compensation would be calculated based on minimum land value, if any, specified in the Indian Stamp Act, 1899 for the registration of sale deeds in the area, where the land is situated; or

• the average of the sale price for similar type of land being acquired, ascertained from the highest fifty per cent of the sale deeds registered during the preceding three years in the nearest village or nearest vicinity of the land being acquired.; or

• the consented amount in case the land is acquired for private companies or public- private partnership project

 

2) you have to prove that market value of land is higher than compensation offered 

Ajay Sethi
Advocate, Mumbai
100058 Answers
8169 Consultations

You need to appoint a lawyer.  You can file the same yourself also but you should know all the points to be urged before honble high court

Prashant Nayak
Advocate, Mumbai
34722 Answers
250 Consultations

IF you are not satisfied with the compensation and method of Determination of amount of compensation, can file writ in HC. Acceptance of compensation by you shall be taken as received under protest.

When notice was issued ? Have you submitted your objection to land acquisition officer ?

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

You need to find out an advocate who can make your application to the land acquisition officer therefrom the process will start and your application the land acquisition officer is bound to take action and the action is taken in that course that he has to make a petition of your application and filed with land acquisition file it with land acquisition judge there you can submit your case

 please remember to rate the answers if it is suitable to you

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

Hello, 

Accept the said amount under protest and then file a writ in the high court to claim compensation as per the amended act. 

 

Regards 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Since you have already accepted the compensation, you may have to seek for enhanced rate of compensation only at this stage.

If the authorities turn deaf ear to your request, you may file a petition before the special court for land acquisition within your jurisdiction.

T Kalaiselvan
Advocate, Vellore
90256 Answers
2509 Consultations

If there is a special court for land acquisition then you cannot approach high court with a  writ petition seeking th said relief of enhancement of compensation amount.

You may consult a local advocate and file a petition in the local court itself.

T Kalaiselvan
Advocate, Vellore
90256 Answers
2509 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
19384 Answers
32 Consultations

contact local lawyer or you can engage expert from this portal. 

Mohammed Mujeeb
Advocate, Hyderabad
19384 Answers
32 Consultations

Dear Client 

You should file an application under Section 18 of the Land Acquisition Act for enhancement of compensation

Under Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 you will be entitled for Compensation proportion to market rates. 4 times the market rate in rural area. 2 times in urban area.

You should file the petition in High court to get the relief.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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