• Applicability of LARR act 2013 in USF area, and also about multiplication factor

In case of land in Arunachal Pradesh, where land titles are not clear and most of the land is USF (Unclassified state forest), whether the LARR act 2013 can be applied for calculating the land compensation?

2. in case the market value of land has been determined as per section 26 subsection 3, whether the multiplication factor will be applicable or not.
Asked 10 days ago in Property Law
Religion: Hindu

4 answers received in 2 hours.

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8 Answers

Yes both the Act and section with multiplication factor will be applicable if the land is acquired by govt and under the scheme

Prashant Nayak
Advocate, Mumbai
19636 Answers
35 Consultations

4.4 on 5.0

Dear Sir,

For asking the compensation, it is quite necessary that you should have clear title of the land. But, the case differs from place to place and you may apply for the compensation as appliable. 

Ganesh Singh
Advocate, NEW DELHI
4938 Answers
9 Consultations

4.5 on 5.0

The LARR act is applicable there. The compensation would be given once right and title is proved.

Yes this formula will be applicable.

Rahul Mishra
Advocate, Lucknow
8975 Answers
15 Consultations

5.0 on 5.0

Act applies to every private property acquire by govt. for public purpose. If you have land title paper, you are entitle to compensation under the act.

Multiplier factor will apply. 


Unclassified forests are those in which there is no restriction on the cutting of trees and grazing of cattle and when it is state UF, where is the need for acquisition arise. It is sate land.

Why state will pay proceed for acquisition and pay compensation to itself !

So laymen, don`t be inadvertent in putting comment.

Yogendra Singh Rajawat
Advocate, Jaipur
19328 Answers
25 Consultations

4.5 on 5.0

The LA Act 2013 Brief: Compensation package - The appropriate Government shall constitute multi-member land pricing commission or authority to finalize cost of land acquisition/compensation State-wise/area-wise as determined under Section 30(1) read with Schedule I to the Act.

Determination of market value of land by collector u/s 26: The higher of (a) the market value specified in 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 (The market value shall be determined by the Collector based on one-half of the total number of sale deeds or the agreements to sell recorded in preceding 3 years where highest sale price have been mentioned); (c) consented amount of compensation as agreed upon in case of acquisition for PPP or private companies projects as defined in section 2(2).

The calculation as per Rural area is given below:

Rural AREA

26, 27 and 30 (1) & Schedule I: :

 

The value of land: Extent of land 35,000 sf @ INR 7,000 / sf (Say “P”) The value of land: Extent of land 35,000 sf @ INR 7,000 / sf (Say “P”)              is 24,50,00,000

 

Multiplier Say 2 (P x 2): Market value of land “MVL”                                    :  

Market value of land. Say “MVL” Assets attached to land Say “B”       : 49,00,00,000

Market value of acquired property Say “MVAP” (MVL+B).                      :

Add Solatium @ 100% of MVAP. Say “S

Compensation  MVAP + S                                                                            : 98,00,00,000

 

The land value in rural area is not like urban area; the above is only for illustration). Rural area compensation is @ 300 percentages increase of land value assessed (P) or 4.00 times.

 

 

The new Act stipulates that the minimum compensation is to be a multiple of the total of the ascertained market value, plus value of the assets attached to the property, plus a solatium equal to 100% of the market value of the property including value of assets

 

 

The other details regarding the forest attached land would have a mention in the land acquisition notification itself.

 

T Kalaiselvan
Advocate, Vellore
65774 Answers
859 Consultations

5.0 on 5.0

it is better to consult your local lawyer for better advice . 

Mohammed Mujeeb
Advocate, Hyderabad
16464 Answers
11 Consultations

4.5 on 5.0

This can effectively be answered by only a local lawyer practising in Arunachal Pradesh.

Ashish Davessar
Advocate, Jaipur
29496 Answers
847 Consultations

5.0 on 5.0

1. Yes the act will be applicable for claiming compensation but you have to establish clear title over the land for claiming compensation.

2. Yes multiplication factor will be applicable.

Mohit Kapoor
Advocate, Rohtak
8662 Answers
3 Consultations

5.0 on 5.0

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