I have a 2-acre land in a rural area of Bagroda village of M.P., in the master plan 2031 a 100 ft road is proposed through my land which covers half of my land. How do I get compensated by govt. as per M.P State law (Right of Fair Compensation and Transparency in Land Acquisition, Rehabilitation, and Resettlement Act, 2013 )
Notice for acquisition of land would be issued to you
2) The landowners are compensated in amounts twice the market value in urban areas and four times the market value in rural areas.
3) The market value of the land is determined by the average sale price for similar types of land situated in the nearest village or nearest vicinity area.
There is a vast difference between Bhopal District Guideline Value and Market Value, Market Value is twice the Guideline Value, which value will govt. pay? and how. (by cheque) or as a property dealer advised - in the form of an Increased (Floor Area Ratio) ( as the area will be declared commercial).
Gather evidence of market value of property
there must have been some sale transactions in last 6 months or so
3) furnish the same as proof that market value is more than guidance value
You should approach DM office claiming compensation. Govt would pay market price on circle rate but if you can prove higher rate then with proof you can claim higher compensation. Generally, I govt now directly pay in bank account. Once compensation is awarded then there are other ways to get the same increased.
- 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.
- If your land has taken without your consent and without paying /deciding the compensation, then you should file a written complaint with the Collector.
- Further, the Collector is bound to resolve the issue 15 days from the receipt of the complaint, and if the Collector fails to act, then you can direct complaint with the authority which has taken the land for road construction.
- Hence you are entitled to get 75% more than the market value of the said land acquired by the government.
Govt pays as per guideline value
Compensation for the owners of the acquired land shall be four times the market value in case of rural areas and twice in case of urban areas.
You can apply for compensation once you get the land acquisition notice from the authorities concerned.
The calculation of compensation is based on the value of the land rights and improvements to the land, and on any related costs. The determination of equivalent compensation can be difficult, particularly when land markets are weak or do not exist, when land is held communally, or when people have only rights to use the land. Many factors can lead to inadequate compensation.
During the valuation phase, the acquiring agency and the people whose land is being acquired gather information and evidence to support their arguments for the compensation values they believe to be equitable. This work is triggered by the notice of intention to compulsorily acquire land. The notice of intention should set a deadline by which each affected owner or occupant submits a claim for compensation.
Owners and occupants are given the chance to contest the compulsory acquisition, including the decision to acquire the land, the process by which the land was acquired, and the amount of compensation offered
You can submit objection before the land acquisition officer. IF no relief than approach High Court.
Under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (RFCTLARR Act), if your land is being acquired by the government for public purposes, including the construction of roads, you are entitled to fair compensation and rehabilitation and resettlement benefits.
To claim compensation for the acquisition of your land, you would need to follow the process outlined in the RFCTLARR Act. Here are the general steps involved:
Notification: The government will issue a notification declaring its intention to acquire the land. This notification will include details of the land and the purpose of acquisition.
Social Impact Assessment (SIA): The government will conduct a Social Impact Assessment to assess the impact of the acquisition on the affected persons and determine the extent of compensation and rehabilitation measures required.
Rehabilitation and Resettlement (R&R) Plan: Based on the SIA, the government will prepare a Rehabilitation and Resettlement Plan, which outlines the measures and benefits that will be provided to the affected persons.
Hearing and objections: You will have the opportunity to present your objections to the acquisition and the proposed compensation and rehabilitation measures at a hearing conducted by the relevant authorities.
Award: After considering the objections, the government will issue an award specifying the compensation amount and the rehabilitation and resettlement benefits that you are entitled to receive.
Compensation payment: The compensation amount will be determined based on the market value of the land. The RFCTLARR Act requires that the compensation amount should not be less than the market value, and it may include additional amounts for other losses, such as the value of structures and trees on the land. The compensation is generally paid in cash, through a cheque or direct bank transfer.
Regarding the difference between the Guideline Value and Market Value, it is important to note that the compensation is generally based on the market value of the land. The market value represents the prevailing rates at which similar properties are being transacted in the area. The compensation amount should be determined based on a proper assessment of the market value.
