• Compensation for property lost on road width extension NH75

We have our RCC house and 22 cents land near Nelyady which is 45 meter away from National Highways Authority of India (NHAI) however since there is a road widening processes ,for converting Mangalore-Bangalore national highway 75- Half our house and land is being marked by the surveys. Request yo guide how to go about it since we reside here for more than 15 years and how much would be compensation ?
Kindly advise.
Asked 11 months ago in Property Law from Mangalore, Karnataka
Religion: Hindu
if the your land has been proposed to be acquired for purposes of road widening by NHAI then file your detailed objections to the same before the land acquisition officer, state in the objections that you have been residing in this house for the past 15 years or more and that if a portion of the house is acquired it will cause a lot of loss and mental pain and suffering, worst case you might possibly get higher compensation amount as this acquisition is for the larger public cause.
Kiran N. Murthy
Advocate, Bangalore
765 Answers
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1) Where land acquisition is required, it will be carried out according to the National Highway Act
(NH Act), 1956 and in a way to minimize the adverse impacts and to avoid displacement as
much as possible.
2) Cash compensation for the land, at market value, to households affected by the loss of
acquired land will be paid by the competent authority appointed under NH Act. Assistance will
be provided to meet the replacement value, over and above the compensation amount.

3) Cash compensation for the affected structures of the titleholders will be paid by the competent
authority. Assistance will be provided to meet the replacement value, over and above the
compensation amount. The replacement cost will be calculated by the certified valuer as per
the PWD BSR rates, without depreciation, of the concerned district/division/zone of the
concerned state for the structure of the titleholders. In case the building material items that
are not covered under BSR, market rate analysis will be considered.

4) Non-titleholders (Squatters and vulnerable encroachers) will be provided replacement ,cost of
their structures. The replacement cost will be calculated on prototype basis . The
government-approved valuer will establish the replacement value. 
Ajay Sethi
Advocate, Mumbai
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The compensation has to be according to the market rate. If the amount of compensation is inadequate then you can move the High Court through a writ petition. Before that you may apply for injunction to the civil court against the acquisition and demolition of your property. 
Ashish Davessar
Advocate, Jaipur
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You will be getting notice informing you about the land acquisition from the authorities and also the details of compensation to be paid.
You will be asked to comply with the legal formalities to receive the compensation given for the land proposed to be acquired.
If you feel the compensation amount quoted is very less then you may approach court for enhancement of the amount to be compensated.
Await the notice from the department informing the land acquisition process after which you can get into action.
T Kalaiselvan
Advocate, Vellore
13942 Answers
127 Consultations
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The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement  act 

he First schedule to the Act of 2013 provides for package of compensation for land owners. This schedule provides for components which constitute the minimum compensation package to be given to those whose land is acquired. Clause (1) of First Schedule provides that a person whose land is acquired is required to be paid market value of land as determined under Section 26 of the Act of 2013.
Ajay Sethi
Advocate, Mumbai
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Without a threadbare perusal of the notice nothing can be said. So immediately put up the notice to a lawyer,
Ashish Davessar
Advocate, Jaipur
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446 Consultations
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Right to fair compensation and transparency in land acquisition, rehabilitation and resettlement act 2013, which encompasses the National Highways Act 1956 as well. 

File your detailed objections along with some document to specify the present market price of the lands in your locality. 

Compensation will be much higher than expected provided you file the necessary objections and claim for enhanced compensation before the authority in time.
Kiran N. Murthy
Advocate, Bangalore
765 Answers
50 Consultations
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The NHAI in that letter itself would have mentioned the compensation offered and the procedures to collect the compensatory payment in that. 
RFCTLARR act means : The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Amendment) Act, 2015; which came into effect from 01.01.2014.
The provisions refrred by you are given below:
In order to expedite the process of land acquisition for strategic and development activities such as national security or defence of India including preparation for defence and defence production; rural infrastructure including electrification; affordable housing and housing for poor; industrial corridors set up by the appropriate government and its undertakings (in which case the land shall be acquired upto 1 km on both sides of the designated railway line or roads for such industrial corridors); infrastructure projects including projects under public private partnership where the ownership of the land continues to vest with the Government, appropriate governments are empowered to take steps for exemption from "Social Impact Assessment" and "Special Provisions for Safeguarding Food Security"
The provisions for compensation claim is given below:
In cases where land acquisition process under Land Acquisition Act, 1894 had been initiated and the Award was passed, but either possession of land was not taken or compensation was not paid, there is provision of lapsing of such proceedings after five years of passing of Award. The period during which the proceedings for acquisition of land was held up on account of any stay or injunction issued by any court is excluded for the purpose of calculation of five years period. Similarly the period where possession has been taken but compensation is lying deposited in a court or in any designated account is also to be excluded in the calculation of the five years. 
T Kalaiselvan
Advocate, Vellore
13942 Answers
127 Consultations
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