Have you received notice from collector?
Are you alone affected?
Regards
G.Rajaganapathy
High Court of Madras
My mother owned a land of 1090 Sq Ft with 4 storyed building in kovilpatt(628502) Tamil Nadu. For the construction of service road, Government had given a notice to submit the required documents. RDO officers have mentioned that around 365 Sq Ft will be acquired for service road and 17 Lakhs compensation will be given. However we feel that compensation is very low and there is no necessity of service road in that area. We need to know how we can get high compensation or get stay order from the building getting demolished for service road.
Have you received notice from collector?
Are you alone affected?
Regards
G.Rajaganapathy
High Court of Madras
for enhanced compensation under land acqusition act 2013
under section 64 of new land acqusition act you can make written application to collector requesting that matter be referred to authority as you are not satisfied with the compensation awarded
2) the collector has to make reference within period of 30 days to authority
3) if collector faisl to dos you can apply to authority requesting it to direct collector to make refernce
4) please note that you should apply to colelctor within period of 6 weeks of receipt of award from collector
Thank you Rajaganapathy Ganesan and Ajay Sethi sir. There were around 13 families impacted by this service road expansion. We got the notification around 2007 and after that there was no proceedings from RDO department/Government. In the current year, we have been asked to submit the required documents for verification at tahsildar office. During the visit we came to know about the total compensation given towards our property. Our confusion should we write to collector for higher compensation(given that renovating the entire building in 600 Sq Ft) or approach the court for the delayed proceedings with land acquisition.
Dear Client,
Stay will grant by HC on above point.
seek enhanced compensation from the collector office
land is being acquired for public purpose for service road acquisition being set aside would be bleak
Hi
You should file a enhancement application in the court.
You will surely get some enhancement in the lower court.
Then after that you should appeal in the high court for the increase in the enhanced amount.
This way you will get the increment two times..
Thanks
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.
It allows the acquisition of land for some public purpose by a government agency from individual landowners after paying a government-determined compensation to cover losses incurred by landowners from surrendering their land to the agency.
Section 26 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 per Schedule I.
The market value of the proposed land to be acquired, shall be set as the higher of:
The market value would be multiplied by a factor of, at least one to two times the market value for land acquired in rural areas and at least one times the market value for land acquired in urban areas. The Act stipulates that the minimum compensation to be a multiple of the total of above ascertained market value, value to assets attached to the property, plus a solatium equal to 100 percent of the market value of the property including value of assets.
In addition to above compensation, the Act proposes a wide range of rehabilitation and resettlement entitlements to land owners and livelihood losers from the land acquirer. Market value is often used interchangeably with open market value, fair value or fair market value, although these terms have distinct definitions in different standards, and may differ in some circumstances.
If you do not accept the compensation paid by the government and feel it is still low then you may file a writ petition before high court and seek enhancement and also for a stay till the payment is made.
First of all you can approach the district collector who is the chief officer of the district for this land acquisition with a petition seeking enhancement of compensation, if your application is not considered in your favor then you may proceed to high court with a writ petition.
See you can appeal the order of the acquisition officer before the district court making a representation before the officer first then if not decided in your favor you can file for enhancement of the award amount.
You can make representation before the collector for cancelling the acquisition or alternatively seeking the appropriate award as per the damages and market value.
You need time file writ petition in High Court if the compensation is not as per the land acquisition Act
1. If you think that there is no need for service road in your area then you have to file writ petition in High court against the order of acquisition of land.
2. If road construction is not stayed by High court then As alternate relief you can claim increase in compensation for acquisition of land.