You should also remember Land ceiling Act as well.
Please furnish some more clarity and facts about the land size,area,location, disputes and possession with etc.
All above information is required to answer your question lawfully.
Sir, RFCTLARR act defines multiplication factor for calculation of compensation for following 2 type of lands: i) Rural - Multiplication factor is 2 ii) Urban - Multiplication factor is 1 What should be the multiplication factor for land classified as Semi Urban (Ardh Nagariya)?
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You should also remember Land ceiling Act as well.
Please furnish some more clarity and facts about the land size,area,location, disputes and possession with etc.
All above information is required to answer your question lawfully.
Determination of market value of land is done by collector/district magistrate on the basis of circle rate fixed by Government and average sale price for similar type of land bought in previous months.
If so is decided by Collector, then the multiplier is used to calculate the compensation. But it's notable that solatium is also given equivalent to 100% of the compensation amount.
There is no categorisation of Semi-Urban in the Act of 2013.
As you've mentioned, only two categories are available. Semi-Urban will be calculated in accordance with the Urban Formula, but Distance from City will matter.
(Feel free to contact me whenever you please.)
as the distance of land sought to be acquired from rural area increases from that of urban area, the multiplier factor is required to be increased suitably
2)
you have not mentioned what is the distance of your land from urban areas
2) in rural areas which are farthest from urban area, the multiplier factor is required to be two and when rural area covered under the project is closer to the urban area, such multiplier factor scales down to less than two and even up to one, when the land sought to be acquired for the project is closest to the urban area.
There is no such act available for semi-urban area. There are only two area Rural and Urban.
The compensation value are calculated in the RFCTLARR act on the basis of 13 acts. as per the LARR act 2013.
The Fourth Schedule lists thirteen (13) Central legislation's, which are sought to be exempted from the provisions of the Act in the Principal Act 2013 and as per executive order dated 28th August 2015 these 13 (Thirteen) acts are within the scope of RFCTLARR ACT 2013. I.e. Compensation, Rehabilitation and resettlement entitlements are included. The LARR Act 2013 is restored by an Executive Order Dated 28th August 2015.
- Supreme Court in the case of Maj. Gen. Kapil Mehra versus Union of India , held that , while fixing the market value of the acquired land, the Land Acquisition Officer is required to keep in mind the following factors:
i. existing geographical situation of the land;
ii. existing use of the land;
iii. already available advantages, like proximity to National or State Highway or road and/or developed area and
iv. market value of other land situated in the same locality/village/area or adjacent or very near to the acquired land.
- Further , the compensation value are calculated in the RFCTLARR act on the basis of 13 acts. as per the LARR act 2013.
- Further , Section 26 of 2013 Act. provides for determination of market value of land by Collector , and he shall adopt the following criteria in assessing and determining the market value of the land, namely:-
(a) The market value, if any, specified in the Indian Stamp Act,1899 (2 of 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 in the case of acquisition of land for private companies or for PPP
- Further the market value calculated shall be multiplied by a factor , i.e.
1. Factor by which the market value is to be multiplied in the case of rural areas is --------1.00 (One) to 2.00 (Two) based on the distance of project from urban area, as may be notified by the appropriate Government.
2. In the case of urban areas --------------- 1 (One)
- Further, generally the collector rate is ½ or 1/3rd of the prevailing market price, and if the market price is Rs 25 to Rs 30 lakh per acre, the collector rate is Rs 8/10/12 lakh, and further taking the average of 3 years and multiplying it by a factor of 1 or 2 in rural areas.
In the same act you will find a mention about the calculation of compensation to be granted to semi urban land.
Your query appears that you have not gone through the act properly.
Section 26 of the Act defines the method by which market value of the land shall be computed under the law. Schedule I outlines the minimum compensation based on a multiple of market value.
The market value of the proposed land to be acquired, shall be set as the higher of:
if the multiplier factor is used for making compensation to your case, you are eligible for the same though the acquired property of yours is a building and not lands.
calculation of compensation by applying the multiplier factor or not will for property situated in the distance of 26 kms from Urban area can be answered by the authorities concerned referring to the chart or table held by them on such issues.
1. Multiplication factor depends on the distance from urban area where the land is situated.
2. That is for distance from