Compensation for land acquired
My land was acquired for construction of bypass road under 1894 act and the following facts are obtained by RTI and on appeal under RTI on 1.08.2014
1. Last date of 4(1) notification under section 17: 01.02.2011
2.Date of Declaration under section 6 with direction to take possession of the land acquired under the notification on the expiry of fifteen days after the publication of the notice mentioned in 9(1) of the act.`18.02.2011
3.Date at which section 11a will come into effect: 18.02.2013
4. Date of 9(1) notice. 13.09.2013
5. Date at which possession of land is taken over:31.12.2013
6. No of persons paid under section 17 3a proceedings on the date of taken over: NIL
7. 80% Amount paid under section 17 3a proceedings on the date of taken over: NIL
8. Amount deposited in Civil Court under section 31(2) on the date of taken over: NIL
9. No of persons paid as on 01.01.2014r: NIL
10. Amount paid as on 01.01.2014: NIL
11. Amount deposited in Civil Court under section 31(2) as on 01.01.2014: NIL
12. Date of award: Yet to passed as on 12.08.2014
13.80% of amount paid and received by me on 25-05-2014
when i received 80% compensation, from the deliver slip to the treasury, I found out that as on 25.05.214 only 16 landowners were paid out of 270 landowners.so i gave a letter to LAO stating that I am eligible for compensation as per section 24 of the new act and applied and got the above information by RTI. Again I have asked under RTI, since the award is not passed, and i have received 80% of the compensation, whether I am eligible for compensation under section 24 of the act for which the answer was it will be considered as and when the govt frame new rules under the act. Not satisfied with the reply I have applied for appeal.From the above facts, the entire proceedings has been lapsed since the notice under section 9(1) and the land was not taken over before 18.02.2013 but only on 13.09.2013 and 31.12.2013. The award is yet to be passed.I am planning to raise these issue in the appeal as written statement.Since i have received 80% of the compensation and as of date only 76 persons have received the compensation, what is my legal position. I am not interested to challenge the lapsed proceedings but only interested to receive the compensation under new act. Kindly advise.
Asked in Civil Law from Karaikal, Puducherry
section 24(1) of new land acquistion act 2013 provides that if no award has been made the provisions of new land acquistion act shall apply relating to compensation . in your case since award has not been made you would be entitled to compensation under new act
In your case the thing you can do is file an application for getting full amount as compensation and to fix the same either approach LAR court or file a writ petition in the high court against the same and seek direction.
as per section 24(1) of new land acquistion act 2013 you are entitled to compensation.
Advocate, New Delhi
Sec 24. Land acquisition process under Act No 1 of 1894 shall be deemed to have lapsed in certain cases--- (1) Not withstanding anything contained in this Act. in any case of land acquisition proceedings initiated under the Land Acquisition Act. 1894.
(a) where no award under section 11 of the said Land Acquisition Act has been made, then, all provisions of this Act relating to the determination of compensation shall apply; or
(b) Where an award under said section 11 has been made, then such proceedings shall continue under the provisions of the said Land Acquisition Act, as if the said Act has not been repealed.
(2) Notwithstanding anything contained in sub-section (1) in case of land acquisition proceedings initiated under the Land Acquisition Act. 1894, where an award under the said section 11 has been made five years or more prior to the commencement of this Act but the physical possession of the land has not been taken or the compensation has not been paid the said proceedings shall be deemed to have lapsed and the appropriate Government, if it so chooses, shall initiate the proceedings of such land acquisition afresh in accordance with the provisions of this Act:
Provided that where 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 beneficiaries specified in the notification for acquisition under section 4 of the said Land Acquisition Act, shall be entitled to compensation in accordance with the provisions of this Act.
ur entiled to compensation as per new act. file writ petition in high court to get enhanced compensation.
Advocate, New Delhi
Since the award has not yet been made you are entitled to compensation according to the new act. This is a right expressly conferred on you by the law. Move the High Court for compensation in accordance with the provisions of the new act.
You are entitled to the compensation as per new land Acquisition Act since no award has been made to you as yet,
You are entitled for full compensation under the new land acquision Rules.Since so far no award has been given section 24(1) of new land acquistion act 2013 you can apply for compensation.
you are entitle to get compensation as per New Act.
Advocate, New Delhi