• Compensation for property lost on road width extension

I have property of 103 Square yards with existing 60ft road. The 60 ft road is going be extended to 120 ft as per master plan. I may loose all 103 Sq yards on extension. The current value as per local registration office is 14,000/- per square yards. As per new Land Acquisition bill 2013, please let me know how much compensation I can get?

The property is in Guntur, AP and is a corporation and it is urban.

Will I get double compensation 28,000/- square yards please let me know.
Asked 2 years ago in Property Law from Guntur, Andhra Pradesh
A. As per the new Land Acquisition Act,  to provide just and fair compensation to those whose land is taken away for constructing roads, buildings or factories etc.The Act, meant for bringing transparency to the process of acquisition of land, provides for generous compensation and rehabilitation of those affected by the takeover.

B. Generally, The Special Land Acquisition officer  or Collector would be fixed compensation as per the market value. Hence,  If you are not satisfied regarding compensation, you can approach the court to get more compensation against the decision of the land acquisition officer or collector.

C.  Additionally, The Collector cannot pass an award unless entered into agreement with Land Owner. Hence In the 2004 case, the Supreme Court had held that when the award is made by the collector, the proceedings before him stand terminated as soon as the award is made. The provision of entering into an agreement is attracted only if the collector has not passed the award and the proceedings before him were still subsisting, the apex court had held.
B.T. Ravi
Advocate, Bangalore
736 Answers
29 Consultations
5.0 on 5.0
Hi,
If you feel your compensation is not as per the expectation, please approach a court and file a suit, the calculation varies depending on the assessment  by the officers in the revenue department concerned according to the existing rules. it is certainly not on the double amount market rate  and the 100 % solatium is not guaranteed, hence it is always better to dispute the amount awarded by the revenue officer/collector and approach the court . no one will be able to tell you the exact amount as always the Office concerned uses its discretion in deciding the amount depending on different parameters.
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0
Hello,
The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 is an Act of Indian Parliament that regulates land acquisition and provides laid down rules for granting compensation, rehabilitation and resettlement to the affected persons in India. The Act has provisions to provide fair compensation to those whose land is taken away, brings transparency to the process of acquisition of land to set up factories or buildings, infrastructural projects and assures rehabilitation of those affected. The Act establishes regulations for land acquisition as a part of India's massive industrialisation drive driven by public-private partnership.

The Act as amended in 2013 provides:The market value would be multiplied by a factor of, at least one to two times the market value for land acquired in rural areas and at least one times the market value for land acquired in urban areas. The Act stipulates that the minimum compensation to be a multiple of the total of above ascertained market value, value to assets attached to the property, plus a solatium equal to 100 percent of the market value of the property including value of assets.

Therefore you can expect one time the market value.Hence it has to be a multiple
When you file a suit for compensation ask for an amount greater than what is promised in the Act so that when an award or a settlement is arrived at you get something close to what you expect.
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0
A. No, we cannot say exact compensation figures due to it is depending upon value of the land at the date of the publication of the 57 [notification under section 4, sub-section (1)];
 
B.secondly, the damage sustained by the person interested, by reason of the taking of any standing crops or trees which may be on the land at the time of the Collector's taking possession thereof; 

C.thirdly, the damage (if any), sustained by the person interested, at the time of the Collector's taking possession of the land, by reason of severing such land from his other land;

D. fourthly, the damage (if any), sustained by the person interested, at the time of the Collector's taking possession of the land, by reason of the acquisition injuriously affecting his other property, movable or immovable, in any other manner, or his earnings;

E. fifthly, if, in consequence of the acquisition of the land by the Collector, the person interested is compelled to change his residence or place of business, the reasonable expenses (if any) incidental to such change; and 

F. sixthly, the damage (if any) bona fide resulting from diminution of the profits of the land between the time of the publication of the declaration under section 6 and the time of the Collector's taking possession of the land.

Therefore, in Andra Pradesh, new state amendments was done in respect of Land Acquisition. Hence, contact local lawyer to resolve this matter.
B.T. Ravi
Advocate, Bangalore
736 Answers
29 Consultations
5.0 on 5.0
The market value of your property is assessed by the gove fixed rate existing there.you will get the govt notified value for the same as compensation for the same you can get once or twice of the market value as compensation.
Jeshma Mohandas KP
Advocate, Kozhikode
567 Answers
1 Consultations
3.5 on 5.0
1. You would have got double of the market value had your land situated in  rural area.

2. Since, your land is in Urban area, you will get the market price only.
Krishna Kishore Ganguly
Advocate, Kolkata
12104 Answers
230 Consultations
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1)you have stated your land is situated in Guntur which is an urban area in AP . 

2)hence you wont get compensation at 28,000 per square feet . 

3) the compensation for double the market value of property is only for rural areas .
Ajay Sethi
Advocate, Mumbai
23230 Answers
1219 Consultations
5.0 on 5.0

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