You need to file a writ seeking directions to the said dept by high court
I have a petrol pump running since 2004 with proper DM NOC and other requirements , a four lane highway pass through our area and but authority is giving compensation only for agriculture rate saying we don't have 143 zamindari act land conversion order with our NOC file and land Arji number listed as agriculture use in revenue record. We don't have any records to prove that we converted our land to comercial land
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compensation must be based on the market value of the land, considering its "potential" for non-agricultural use, even if formal conversion is missing
2) Since you have been running a petrol pump since 2004 with a DM NOC and other commercial licenses, the land has already been "converted in fact," if not in revenue records.
3) Proximity to a four-lane highway significantly increases the land's commercial potential, which authorities must account for when determining the "market value" under the RFCTLARR Act, 2013.
4) You are entitled to the cost of the structures (evaluated by PWD) and the cost of shifting the commercial unit (often assessed by the oil company like Indian Oil or HPCL).
5)If nearby land has been sold for commercial prices, you can use those "sale exemplars" as evidence of the true market value, regardless of the 143 status.
The authorities are relying only on revenue records and saying that the land is still recorded as agricultural and no approval for conversion from agricultural to NA under section 143 order was obtained the compensation can be paid only at the agricultural rate.
You have been running the petrol pump since 2004 with NOC and proper permission from various authorities duly obtained and the authorities themselves regulated the commercial use of the vacant land therefore actual land use on the date of acquisition matters, not just revenue entries, besides it is not mandatory to invoke section 143 for compensation matters.
You may secure the documentary evidences to prove land is used for commercial purpose for the past two decades or more.
You may raise an objection under section 3G(5). This will be referred before the District Judge as Arbitrator, wherein you can request for re-determination of compensation, valuation as commercial land and valuation of structure with business potential.
Alternately, you can apply to the SDM for declaration that land was being used for non-agricultural purposes prior to acquisition by attaching the documentary proofs such as NOC and all other relevant documents to establish the commercial establishment. Even if acquisition is done, courts accept this as supporting evidence.
You can also argue that the state cannot allow commercial activity for 20 years, earn revenue from it, and then deny its commercial nature for compensation. The court convinced by this justification may allow your application for enhanced compensation @ of commercial properties.
As the authorities will not revise the compensation by themselves, you may have to approach the district judge with an application or by a writ petition before high court for necessary relief and remedy.
We buy the land in 2001. Total area of the Arji/Gata is .669 hect we buy .269 hect of the land .. till 2012 khasra record show petrol pump of .269 hect . After 2012 it shows vacant/parti and remaining land of .400 hect show as cultivate land till this date.. But Khatauni of above Gata/Arji show no mention of order of land change from agriculture to non agriculture only dakhil kharij of our registration..
1) mutation only updated the name of the owner in the Khatauni. It does not automatically change the nature of the land.
2) Between 2001 and 2012, the Lekhpal (village accountant) likely recorded what he saw physically on the ground (a petrol pump). After 2012, if the pump stopped operating or the inspection changed, he marked it as "Parti" (fallow/vacant).
3) Unless a formal order was passed by the SDM (Sub-Divisional Magistrate) under Section 143 of the UPZA & LR Act (or Section 80 of the Revenue Code in newer terms), the land remains "Agriculture" in the eyes of the Revenue Department.
You were advised to approach the authorities concerned or court with proper documents t prove that this property was involved in commercial activities for the past2 decades, you better consult an advocate in the local and proceed as advised
Petrol pump running since 2004 till today after acquiring NOC from DM . We have regular Peso and Diesel sell certificate from respected authority. We don't have shutdown our pump for any period not even a week.
Without conversion to commercial/NA, the petrol company wouldn't had allowed the retail outlet. Thus, at some point in time, the 143 must have taken place. Search for the records at the Tehsil level or even with the Petrol Company. If nothing works, file a writ before the Allahabad High Court against NHAI/State