• Compensation for land acquisition

A piece of land has been acquired by puducherry goverment for the formation of bye pass road under 4(1) notification under section 17 of the land acquisition act 1894.The land was taken over on 30.10.2013 and 80% compensation was paid on 20.04.2014. The award is yet to be passed till date.I have filed a WP in Madras high court seeking direction to Pass the award under section 24 (1) of the new act 2013 since the award is It passed. On 20.12.2014 Madras high court has ordered to pass the award under new act and pay the amount after deducting the 80‰ that has been already paid.

The puducherry goverment formed rules notifying that 


34. Determination of market value for lands acquired under the
Land Acquisition Act, 1894.— (i) The reference date for calculation of
market value under clause (a) of sub-section (1) of section 24 shall be
1-1-2014 the date of (commencement of Right to Fair Compensation and
Transparency in Land Acquisition, Rehabilitation and Resettlement
Act, 2013)

(ii) The reference date for calculating additional market value
under sub-section (3) of section 30 of the Act for land acquisition
proceedings initiated under Land Acquisition Act, 1894 shall be the date
of preliminary notification i.e., the date of notification under
sub-section (1) of section 4 of the Land Acquisition 


Later by another notification the puducherry goverment has amended the section 34 as

Land Acquisition Act, 1894.— (i) The reference date for calculation of
market value under clause (a) of sub-section (1) of section 24 shall be the date
of preliminary notification i.e., the date of notification under
sub-section (1) of section 4 of the Land Acquisition 

 
Thus taking the market value and the 12% additional market value as on date of 4(1) notification.

In my case :
Last date of 4(1) notification under section 17: 01.02.2011

Date at which possession of land is taken over:30.10.2013(1003 days from the date of notification).


The collector has proposed to calculate the compensation as follows:


Land value as on 01.02.2011 and add 

Solatium 100% (previously it was calculated at 30%)and calculate 12% additional market value from 01.02.2011 to 30.10.2013 for 1003 days (the date of takeover of the land) and deduct the 80% amount already given and for the balance amount pay an intrest of 9% for one year and 15% after one year till the date of ward.


The section 34 of the rule framed by the puducherry government itself is wrong since as per section 24 of the new 2013 act if no award is passed then compensation has to be calculated as on 01.01.2014.
 
Kindly advice me whether section 34 of the puducherry land acquisition rule can be challenged.

Whether the proposed calculation by the collector is correct or wrong. If wrong what is the correct method as per law.