• Compensation under new land acquisition law

My land is acquired for road and compensation regarding majority of land holdings is paid. road is constructed in the area except my land. can i get enhanced compensation asper new land acquisition act.
Asked 7 months ago in Civil Law from Nagpur, Maharashtra
Since your land is already acquired merely because the same has not be utilised , you will can not get compensation as per new law.
If the land is lying idle for the last 3 years you can apply for de-requisition but no application of new law.
Devajyoti Barman
Advocate, Kolkata
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Under section 24 of new land acquistion act 2013 provides that if award has not been passed then provisions of new land acquistion act shall apply regarding payment of compensation 
Ajay Sethi
Advocate, Mumbai
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The proviso appended to Section 24(2) deals with a situation where in respect of the acquisition initiated under the 1894 Act an award has been made and compensation in respect of a majority of land holdings has not been deposited in the account of the beneficiaries then all the beneficiaries specified in Section 4 notification become entitled to compensation under 2013 Act.
the term majority of land holdings has not been defined . it would imply that in a given case if there are 100 beneficaries and more than 50%^have been paid compensation .
Ajay Sethi
Advocate, Mumbai
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My land is acquired for road and compensation regarding majority of land holdings is paid. road is constructed in the area except my land. can i get enhanced compensation asper new land acquisition act.

The 2013 Act focuses on providing not only compensation to the land owners, but also extend rehabilitation and resettlement benefits to livelihood looser from the land, which shall be in addition to the minimum compensation. The minimum compensation to be paid to the land owners is based on a multiple of market value and other factors laid down in the Act.
The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 says the land unutilized for 5 years should be returned to the owner, but the amendment proposed by NDA government intends to change to 5 years or any period specified at the time of setting up the project.
T Kalaiselvan
Advocate, Vellore
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what is the provision in new land acquisition act if possession is taken and compensation is paid to majority of land holdings. Can rest of the land owners who wre not paid can get compensation as per new land acquisition act.

There is a provision for taking care of the interest of such issues vide section 8(1)(e) of the LARR Act, 2013, by which an expert committee will report to the government of all such lands which were acquired earlier before the introduction of the new law and remain unutilised, to pay suitable compensation or further action as envisaged in the act.
T Kalaiselvan
Advocate, Vellore
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in that case has any court has commented on this issue. if so please give details

There are various  cases settled by the courts in this regard. A few are reported in various journals, which you may get a hand to it on searching it through internet.
T Kalaiselvan
Advocate, Vellore
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When was the notification issued? Has the acquisition been made? Specify the date of award. Also find out whether the Govt has deposited the compensation  in the district court to which reference is made by the collector under sec  18 of old act
Ashish Davessar
Advocate, Jaipur
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445 Consultations
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