A part of our land is acquired by Railway as part of doubling the railway lines near Kottayam railway station. But the price fixed by railway authorities are very less than what they offered to our neighbours. They are asking us to move legally if there is a dispute regarding the price of land. For this which court should I approach ? Do I need to approach High Court of Kerala, or is it enough to approach District Court. Kindly advise.
First answer received in 30 minutes.
Lawyers are available now to answer your questions.
Since 01.01.2014, the Right to Fair Compensation, Rehabilitation and Resettlement in Land Acquisition Act 2013 has come into effect. Schedule IV exempts certain Acts (including the Railway Act) from its purview.
2)compensation is awarded by competent authority appointed by central govt
3)if you are not satisfied with compensation awarded under railways act then you can invoke compensation redressal mechanism Through Arbitrator appointed under the Act by Central Government.
Hi,it is advisable to approach High court and file a WRIT petition..The procedure is more fast and effective
High court under writ petition
You may approach directly the high court with a writ petition after exhausting the remedies with the land acquisition authorities.
The high court will pass suitable orders.
Had they issued notice of acquisition and raised objection ? If not than acquisition is not valid, High court will stay the process.
District court has no jurisdiction. If no show cause notice issued calling for objections for the proposed acquisition, acquisition is illegal.
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
You can approach district court under land acquisition act for fair and equal compensation for all the owners as per market value of land.
Or you can approach High Court and file writ petition against railways for providing you less compensation as compared to your neighbours
See first you need to file objection before the acquasition officer and take the amount under objection , then you have to approach the district court for enhancement of the award.
