• What is the statutory formalities for crediting land compensation money to land owners

Our land is acquired for NH 206 road widening. This land is belongs to 4 people & it is mentioned in Katha (Joint katha). They have credited money to only one owner (first name on Katha) without taking consent from remaining 3 joint owners. Therefore, what is the formalities for crediting compensation money to land owners when land belongs to multiple owners/ joint Katha as per RTC? can i initiate the legal procedure on this? & how
Asked 4 years ago in Property Law
Religion: Hindu

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27 Answers

you can make a representation to the competent authority with documentary evidences supporting your claim for compensation for acquisition of your land.if the authority is rejected the claim you can approach LA court in your jurisdiction.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Section 64 of land acquisition act 2013 provides that application can be made to collector by any person aggrieved by the award to refer the dispute to competent authority . Collector has to refer application within period of 30 days 

 

Section 64

 

Any person interested who has not accepted the award may, by written application to the Collecto( require that the matter be referred by the Collector lbr the determination of the Authority, as the case may be, whether his objection be to the measurenlent ofthe land, the amount ofthe compensation, the person to whom it is payable, the rights ofRehabilitation and Resettlemenl under Chapters V and VI or the apportionment ofthe compensation among the persons interested;
Provided that the Collector shall, within a period ofthirty days from the date ofreceipt ofapplication, make a reference to the appropriate Authority:
Provided funher that where the Collector fails to make such reference within the period so specified. the applicant may apply to the Authority, as the case may be, requesting it to direct the Collector to make the reference to it within a period ofthirty days.
(2) The application shall state the grounds on which objection to the award is taken: Provided that every such application shall be nrade-
(a) ifthe person making it was present or represented before the Collector at the time when he made his award, within six weeks liom the date ofthe Collector's award;
(b) in other cases, within six weeks ofthe receipt ofthe notice from the Collector under section 21. or within six months from the date oFthe Collector's award, whichever period shall first expire:
Provided further that the Collector may entertain an application after the expiry ofthe said period, within a further period of one yea( if he is satisfied that there was sufficient cause for not filing it within the period specified in the first proviso.

Ajay Sethi
Advocate, Mumbai
94692 Answers
7527 Consultations

5.0 on 5.0

State must pay compensation at the market value for such land, building or structure acquired.

Section 27 of the Act defines the method by which market value of the land shall be computed under the proposed law. Schedule I outlines the proposed minimum compensation based on a multiple of market value. Schedule II through VI outline the resettlement and rehabilitation entitlements to land owners and livelihood losers, which shall be in addition to the minimum compensation 

Ajay Sethi
Advocate, Mumbai
94692 Answers
7527 Consultations

5.0 on 5.0

75 When there are several persons interested. ifsuch persons agree in the aPportionment ofthe compensation, the particulars ofsuch apportionment shall be specified in the award, and as between such persons the award shall be conclusive evidence of the correctness of the apportionment.


76. When the amount ofcompensation has been settled, if any dispute arises as to the apportionment ofthe same or any part thereof. or as to the persons to whom the same or any part thereof is payable, the Collector may refer such disputes to the Authority.

Ajay Sethi
Advocate, Mumbai
94692 Answers
7527 Consultations

5.0 on 5.0

See a written document giving the money to them can be made wherein the document can be notarised and signature of land owner can be there.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

See if you are getting amount as per market value and along that compensation then same is fair price see the collector award for same.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

See make and agreement and divide the amount.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

The compensation will get distributed as per khata in RTC. 

You should initiate legal proceeding for getting your share from the compensation by sending legal notice to District collector as well as the person who recieved the compensation to provide share of all joint holders of the land as per their share. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

If name of 4 owners are reflected in RTC then compensation has to be paid to4 co owners under section 75 of land acquisition act 2013 

 

if you are aggrieved by award file application under section 64 of land acquisition act 

Ajay Sethi
Advocate, Mumbai
94692 Answers
7527 Consultations

5.0 on 5.0

see authrority based on there record has disbursed the amount in case there is no dispute among co-owners no legal action is required to as it will take long time to settle.

 

Also alternatively the other 3 legal owners can raise demand with the authrority.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Dear Sir,

Normally the compensation of amount will be credited to one of the joint owners account by taking NOC from others. Please check in the office and consult local advocate with all your documents.

 

Kishan Dutt Kalaskar
Advocate, Bangalore
6136 Answers
487 Consultations

4.8 on 5.0

You you dont get the fair compensation you need to approach the high court under the writ petition. The compensation is almost 4 times of the market price as per govt ready reckoner of the said land acquired.

Prashant Nayak
Advocate, Mumbai
31930 Answers
179 Consultations

4.1 on 5.0

Submit objection before land acquisition officer and acquired land shall be compensated acc. amended land acquisition act.  Due procedure followed for calculation of compensation on the basis of current market price + other heads, you can get the calculation under RTI or as a matter of right.

Crediting compensation money to single owner is illegal and due to misguide by single owner otherwise LAO cannot credit in single co owner and without calling objection. 

Submit objection before land acquisition officer still no solution, revision agasint the order of LAO.

Yogendra Singh Rajawat
Advocate, Jaipur
22630 Answers
31 Consultations

4.4 on 5.0

No it is not the right way of distribution of money. 

Yes you can initiate legal proceedings against authorities but for that you have to serve them a legal notice for 60 days. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

If the deposited amount was for the entire land acquired and the compensation was made in full then the other three may, if they have equal shares in the property acquired, may demand their respective shares from the person to whom this has been settled/allotted.

Failing to respond to the demands made the other three may approach the competent authority seeking their respective share and to direct that single person to distribute the same.

If no proper response received then you all may approach court of law by impleading the competent also as necessary party to the suit.

T Kalaiselvan
Advocate, Vellore
84893 Answers
2190 Consultations

5.0 on 5.0

The Collector having determined the market value of the land to be acquired shall under Section 27 calculate the total amount of compensation to be paid to the landowner whose land has been acquired by including all assets attached to the land.

Section 26 of land acquisition act of the Land Acquisition, Rehabilitation And Resettlement Act, 2013-
“Determination of market value of land by Collector.”
- (1) The Collector shall adopt the following criteria in assessing and determining the market value of the land, namely:—
(a) the minimum land value, if any, specified in the Indian Stamp Act, 1899 for the registration of sale deeds or agreements to sell, as the case may be, in the area, where the land is situated; or
(b) the average sale price for similar type of land situated in the nearest village or nearest
vicinity area; or
(c) consented amount of compensation as agreed upon under sub-section (2) of section 2 in
case of acquisition of lands for private companies or for public private partnership projects,
whichever is higher:
Provided that the date for determination of market value shall be the date on which the notification has been issued under section 11.


Explanation 1.— The average sale price referred to in clause (b) shall be determined
taking into account the sale deeds or the agreements to sell registered for similar type of
area in the near village or near vicinity area during immediately preceding three years of
the year in which such acquisition of land is proposed to be made.


Explanation 2.— For determining the average sale price referred to in Explanation 1, on behalf of the total number of sale deeds or the agreements to sell in which the highest sale
price has been mentioned shall be taken into account.


Explanation 3.— While determining the market value under this section and the average sale price
referred to in Explanation 1 or Explanation 2, any price paid as compensation for land acquired under the provisions of this Act on an earlier occasion in the district shall not be taken into consideration. 


Explanation 4.—While determining the market value under this section and the average
sale price referred to in Explanation 1 or Explanation 2, any price paid, which in the opinion of the Collector is not indicative of actual prevailing market value may be discounted for the purposes of calculating market value. 


(2) The market value calculated as per sub-section (1) shall be multiplied by a factor to be specified in the First Schedule.

 

From the above explanation you can come to know the details of compensation made.

 

T Kalaiselvan
Advocate, Vellore
84893 Answers
2190 Consultations

5.0 on 5.0

The formalities or the procedures are the same to that of the settlement made to the single owner.

The owners have to distribute the amount among themselves, in case of any dispute they may approach the authorities concerned or court for relief and remedy.

 

T Kalaiselvan
Advocate, Vellore
84893 Answers
2190 Consultations

5.0 on 5.0

You can very well approach court of law for relief on this provided the compensation amount awarded to single person is not covering the entire property that was acquired.

T Kalaiselvan
Advocate, Vellore
84893 Answers
2190 Consultations

5.0 on 5.0

File RTI application as to land which is proposed to be acquired for road widening 

Ajay Sethi
Advocate, Mumbai
94692 Answers
7527 Consultations

5.0 on 5.0

For whatever purpose land will use but without compensation,  acquisition is illegal.

Yogendra Singh Rajawat
Advocate, Jaipur
22630 Answers
31 Consultations

4.4 on 5.0

See you can apply for demarcation and survey of your land if same goes in road wiring you can apply for compensation and take objection.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Writ petition is only speedy remedy. 

Prashant Nayak
Advocate, Mumbai
31930 Answers
179 Consultations

4.1 on 5.0

You can raise aforesaid grievances and present the same before writ court

Prashant Nayak
Advocate, Mumbai
31930 Answers
179 Consultations

4.1 on 5.0

Make application to collector under section 64 of land acquisition act for referring dispute to competent authority as surveyor has given wrong survey number and paid compensation to only one of legal heir inspite of 4 names being on RTC 

Ajay Sethi
Advocate, Mumbai
94692 Answers
7527 Consultations

5.0 on 5.0

Yes you can raise objection before the acquisition officer regarding same and can ask to include the names .

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

You can get the land surveyed even now by submitting an application to the land revenue department requesting for survey of the land through the Taluk surveyor.

After ascertaining the details you can be prepared about the next eventuality.

 

T Kalaiselvan
Advocate, Vellore
84893 Answers
2190 Consultations

5.0 on 5.0

If you have got the information through RTI act about this, then you may submit a representation to the authorities concerned making a mention about this grave error committed by the surveyor and to rectify the same especially when there are four owners to this.

If the authorities concerned are not responding properly then you may file a writ petition before high court seeking stay of the operation of the acquisition work on the basis of the grave errors committed by the staff of the department and for other reliefs.

 

 

T Kalaiselvan
Advocate, Vellore
84893 Answers
2190 Consultations

5.0 on 5.0

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