Hello respected community, In the past one year we have gone through a lot of trouble as the land on which we were running our factory has been acquired by the NHAI. Initially the matter was only the broadning of the highway and later on a toll both construction was decided for which the said land was acquired. No this was only the start of our problem and i will give you the details in the subsequent pointers- 1. The land has been taken away from us months ago but no compensation has been paid yet. 2. There was a factory running on that land and it was a main road property, in fact it is only 200 meters from one of the mother dairy's factory but the declared compensation is based on agricultural land which is more than a Km away from the main road. 3. The initial survey showed the complete land to be acquired, now after all the land has been taken and the toll both constructed the authorities claim only 70% of the land has been taken and the 'rest of the land' would be somewhere in the farmlands. They are even refusing to get the auditing done and calculating the area based on the original boundary which earlier existed but is now gone. We have been going from one office to another but there has been no response from any department. So i kindly request you to provide me with the way forward so that this issue can be solved. P.S- The land is in Uttar Pradesh
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1) you must be having photographs of Factory being run on premises
2) licence issued by municipal corporation of running factory
3) in such a case compensation has to be awarded for commercial acquisition of land
4) I presume land has been converted into NA
5) if award is passed by collector and you are dissatisfied with awarded compensation make reference for enhancement of compensation amount awarded
Compensation has to be awarded as the market rate for your abadi land, strictly as per the stipulations contained under the NHAI act.
You also have the option in terms of section 5 to approach the Arbitrator, in case the compensation determined by the competent Authority in not acceptable to you.
I think it is a fit case that you should file a writ petition in the Allahabad High Court.
You need to approach the high court in writ petition in this case.
Thank you for the replies, but i would also like to know that how do i ask them to measure the land again as they are claiming that they have taken only 70% of the property whereas they have actually acquired the complete piece of land?
Eventually you cannot do anything to save your land but you have the rights to get the adequate compensation for the acquisition of land in this regard you have to approach to Allahabad High Court and file writ petition making the party n h a i and Uttar Pradesh government
you can make a representation to the competent authority with documentary evidences supporting your claim for 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.
You can raise the said ground in your writ petition
You can for enhancement of compensation mention land acquired. Is x area and not y as mentioned in award
seek measurement of area acquired
Instead of take around of govt. offices, file writ in High court. No compensation paid and even calculation is based on wrong assumption, enough ground to challenge acquisition.
If only 70% land had been acquired then you should be having balance 30% property in your possession.
If there is no response from the district collectorate or the NHAI authorities in this regard you may approach high court with a writ petition venting out your grievances and seek relief and remedy for this.
If you are sure that they have not taken the entire land then you may bring your own surveyor and get the land measured and put up a fencing to the balance 30% land, let them claim the acquired land and then you may ask them the details of the land acquired by them and to pay compensation to the actual land acquired.