• Land acquired by the government

Hi, My Land acquired by the government in punjab. I'm an NRI person.

Q. After Land acquired by the government i know can't sell land and can't change owner so which option is still available there if i can't go to india. Any Agreement for agricultural property, Power of Attorney or what else can do ?

Please advice me.

Thanks
Asked 2 years ago in Property Law
Religion: Sikh

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25 Answers

You can execute POA in favour of family member to Receive compensation from government 

Ajay Sethi
Advocate, Mumbai
94518 Answers
7485 Consultations

5.0 on 5.0

As the land has been acquired by the government, you are entitled to compensation in accordance with the law. You may issue a specific attorney to your relative or friend in India to liaise  with the government, receive the compensation amount and give a valid discharge on your behalf. If you are not satisfied with the adequacy of the recompense amount and wish to challenge it, you may authorise the power agent to file a suit on your behalf. 

Swaminathan Neelakantan
Advocate, Coimbatore
2773 Answers
20 Consultations

4.9 on 5.0

Authorise a trusted person to look after your property in Punjab by means of a registered POA. 

Shashidhar S. Sastry
Advocate, Bangalore
5068 Answers
314 Consultations

5.0 on 5.0

You will get the compensation from govt. 

Prashant Nayak
Advocate, Mumbai
31802 Answers
175 Consultations

4.1 on 5.0

If the government has acquired the land by a land acquisition notification and paid you the compensation you are having no more rights on the property.

If you had received the notification for acquisition then you may may either apply for stay of the process for land acquisition through a civil court or to apply for getting the compensation amount.

If the compensation amount is very low then you can file a petition before high court  for enhancement. 

So first confirm that if the land has been acquired or not after which more proper opinion can be rendered. 

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

No land can be acquired by State with making proper compensation to the land owners. If the land is acquired after 2014 you will get compensation under Right to Fare Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, which  is quite high. If the land is acquired prior to that, you will get compensation as calculated under Land Acquisition Act, 1894 with penal interest. in both case it be handsome compensation.

For filing proceeding for claiming compensation you need not come to India, Draft a GPA in favor of you friend/relative on 100 rupees bond paper giving him power to file suit on your behalf. Get the GPA attested by Indian Consulate/High Commissioner  online as due to covid walk-ins are suspended. The GPA has to be in specific  format.  Send it to the person named in India. He can do everything appointment of Advocate, filing case, defending case etc. for you.

 

Ravi Shinde
Advocate, Hyderabad
4041 Answers
42 Consultations

5.0 on 5.0

- As per law , If your land is acquired by the government authority then you have right to claim the compensation .

- Further, if the compensation has been paid then you have no right on the said land now and cannot sell to anyone.

 As per law, the government cannot acquire any private land without sending a notice to the owner of the land and also without publishing the proposal in the two news papers, if the notice not served upon the owner. 

- Further, without deciding the compensation and paying the same, the government department cannot take possession of the land for the specified purposes like construction of road etc. 

- As per the Land Acquisition (Amendment) Bill, 2007, the payment for acquired land must be made within one year from the date of the declaration, and the Collector can extend this time limit by six months with a penalty of 5% per month, and further if payment has not been made within one year nor has the Collector granted an extension, the land acquisition proceedings shall lapse.

- Further, after the compensation amount is determined, the Collector must ensure that payment occurs within 60 days. Possession of land shall not be taken unless full compensation is paid or tendered to the land owner.

- Further, the land owners whose property has been acquired under urgency shall be compensated an additional 75% of the market value of the land.

Mohammed Shahzad
Advocate, Delhi
13095 Answers
195 Consultations

5.0 on 5.0

Dear Client, 

You can execute a power of attorney and then receive compensation. 

Thank you

Anik Miu
Advocate, Bangalore
8742 Answers
109 Consultations

4.7 on 5.0

Hey,

As such since your rightful land has been acquired by government, you are supposed to receive statutory compensation which is quantified based on various factors. However, since you are saying you are an NRI and don't live in Punjab, you can register a power of attorney in favor of someone to receive the amount on your behalf. For that you may make use of apostille stamping.  

Sanjay Narayandas
Advocate, Hyderabad
103 Answers

5.0 on 5.0

- You can authorize the lawyer for the same after executin a POA 

- That POA should be notarized as per rule of that country ,and attested from the Consulate of India. 

Mohammed Shahzad
Advocate, Delhi
13095 Answers
195 Consultations

5.0 on 5.0

Compensation  against acquired land is paid through cheque to the land owner. The land owner, if he is abroad,  can authorize any person to collect cheque of awarded compensation  for government.  The procedure is, draft a special power of attorney on Indian stamp paper of 100 rupees which  is available in all countries  or even on white paper giving SPA to any of your relatives/friend/lawyer  to collect cheque and give receipt.  Go to Indian consulate/high commissioner and get SPA attested which  the consulate official will readily do. Send the SPA to the person named, he will take the SPA to the disbursement authority which  is Land Acquisition Collector and take the cheque and deposit in your account.

Ravi Shinde
Advocate, Hyderabad
4041 Answers
42 Consultations

5.0 on 5.0

Execute POA in favour of family member .it can be attested before Indian consulate 

 

legal fees vary depending upon lawyer engaged by you 

 

don’t execute POA in favour of lawyer 

Ajay Sethi
Advocate, Mumbai
94518 Answers
7485 Consultations

5.0 on 5.0

You may enter into an agreement with the chosen lawyer with the mutually agreed conditions for the purpose of doing all the tasks on your behalf on the basis of a special power of attorney deed that you would be required to execute in his favor. 

You can engage the services of an advocate from this forum or outside for drafting the agreement. 

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

You need to execute a registered POA for the same and you can do that. 

You can contact me through kaanoon for the same or ping me on linkedin will do your work

Prashant Nayak
Advocate, Mumbai
31802 Answers
175 Consultations

4.1 on 5.0

Dear Client, 

Yes, you can give authority to your lawyer through Power of Attorney.

Thank You

Anik Miu
Advocate, Bangalore
8742 Answers
109 Consultations

4.7 on 5.0

SPA should be to receive compensation for land acquisition by govt 

 

2) mention details of land acquired by govt 

 

3) POA should be attested before Indian consulate 

Ajay Sethi
Advocate, Mumbai
94518 Answers
7485 Consultations

5.0 on 5.0

You can draft the SPA in declaratory form, like….”I….. (NRI) s/o. presently residing at … owner of land ….acquired by…….here by authorize my mother  Smt… w/o. …..aged…r/o….to attend proceedings  of…. Pertaining to land acquisition proceedings, appoint advocate, file objections and receive on my behalf compensation  awarded against acquisition of land. Her a/c No. ….. . I hereby undertake ratify all acts done by her in furtherance of  land acquisition proceedings .

Ravi Shinde
Advocate, Hyderabad
4041 Answers
42 Consultations

5.0 on 5.0

Dear Client,

yes. your mother can receive the amount of compensation. 

Anik Miu
Advocate, Bangalore
8742 Answers
109 Consultations

4.7 on 5.0

1.  You can give a special power of attorney instructing the power agent to complete the special task assigned to him in the said power deed.

2. You can very well give your mother' bank account number in iot directig the power agent to deposit the amount received to that account.

3. Yes. 

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

1. Yes , 

2. Yes, you can mention that the amount of compensation should be deposited in the account of mother 

3. Yes, as you have already given SPA to your mother for receiving the same on your behalf. 

Mohammed Shahzad
Advocate, Delhi
13095 Answers
195 Consultations

5.0 on 5.0

It's a subjective question. Need to take expert advice for drafting of POA

Prashant Nayak
Advocate, Mumbai
31802 Answers
175 Consultations

4.1 on 5.0

Since you are a NRI your power of attorney requires attestation before Indian consulate 

 

2) since compensation is being payable by govt they are playing safe and insisting on attestation before tehsildar 

 

3) don’t deliver possession until payment is received 

 

4) lawyer on basis of notarised POA request release of compensation but authorities may not agree 

Ajay Sethi
Advocate, Mumbai
94518 Answers
7485 Consultations

5.0 on 5.0

1. The land acquisition is also considered as transfer of property.

For a transaction involving immovable property, it is mandatory for the power of attorney deed to be executed by a registered document, hence the authorities are right in rejecting the power of attorney deed just attested by a Notary public, you may get the power deed registered befor concerned Registrar if you residing within Indian territories. However if you have got your power of attorney deed attested by a notary public of that country, then it is mandatory that you get the deed adjudicated by the registrar concerned or the Tehsildar within the jurisdiction.

2. You are unnecessarily agitating over the issue without understanding the law of the land. 

You cannot stop the contractor entering into your land once you have given your consent for the land acquisition.

3. There is no provision in law to do whatever you feel like with an unregistered power of attorney deed unless you get it adjudicated by the concerned registrar or Tehsildar.

4. If the delay is on their side then you can claim but if you have not complied with the requirements on time  then you cannot claim compensation.

5. you may have to understand the situation and act accordingly instead of sticking to your own point which will not fetch you the desired result.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

Yes you can get the same under old poa If it's valid and suffice teh same. Else you need to execute new one

Prashant Nayak
Advocate, Mumbai
31802 Answers
175 Consultations

4.1 on 5.0

It depends on the laws and regulations in your district. In some places, a power of attorney must be tested by a Tehsildar or Sub-Registrar of the office in order to be valid. It's best to consult a local lawyer or official to find out the specific requirements in your area.

 

If the power of attorney is not accepted by the DRO officer, you may need to take legal action to stop the contractor from entering your land. This may involve obtaining an injunction or restraining order from the court. You should consult with a lawyer to determine the best course of action.

 

The lawyer can send a letter to the DRO office citing the relevant laws and regulations that support the validity of a notary-tested power of attorney. The specific act or law will depend on the laws in your area.

 

Depending on the laws in your area, you may be entitled to interest on delayed payment. You should consult with a lawyer to determine the specific laws that apply and how to pursue this.

 

It may be possible to use the same power of attorney along with other required documents to get the compensation amount, but this will depend on the specific requirements in your district. It's best to consult with a lawyer or official to determine the specific requirements in your area.

 

 

 

Anik Miu
Advocate, Bangalore
8742 Answers
109 Consultations

4.7 on 5.0

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