• Process of claiming the enhanced compensation price of LAOP case


Regarding our LAOP(Land Acquisition) case, supreme court has enhanced the price of our lemon trees.
Could you please explain step by step in detail the whole process of claiming our compensation?
Also could you please explain in detail the below things if required.
1.The documents required to file the claim & where to file the claim?
2. As we are unaware of the documents can you explain how many Signatures need to be signed       by the claimants as we cannot sign them blindly? 
3. what are chances of cheating?
4. How many days will it take to get our compensation & how it will be issued? 
5. How to track the status of the claim & where to enquire?

Asked 3 years ago in Civil Law from Nellore, Andhra Pradesh
1) does SC order mention period within which compensation is to be paid? when was order passed by SC ? do you have certified copy of order? 

2) there is an obligation on the part of the respondents to make the payment within reasonable time as no specific time has been stipulated under the provisions of the old land acquisition Act.

3) delhi high court in mahendra kumar v/s LAcollector  W.P.(C ) 13308-12/2005 held that In our opinion, two months will be the reasonable time for disbursement of the awarded compensation amount or for passing an appropriate order. The period of two months should normally be counted from the date of issuance of notices under Section 12(2) of the Act and /or from the date the possession is taken. In fact, every effort should be made by the authorities to make the payment even prior thereto to avoid payment of interest under Section 34 of the Act or  other interest or charges payable, to avoid unnecessary burden on the public exchequer for acquisition of the lands.three officers who are heading the department/authorities involved in the entire land acquisition process to issue proper guidelines in terms of the order of the Court in Civil Writ Petition No. 1161/88 and the observations of the Court made in this writ petition within one month from the date of pronouncement clearly spelling out the entire scheme of acquisition covering all facets to avoid delays in issuance of notifications, taking possession, making of the award and finally disbursement of compensation to the claimants.

4) under section 38 (1) of new land acquisition act payment is to be made within period of 3 months of award 
 5) section 77 of new land acquisition act provides that payment of compensation is to be made by collector by depositing in bank accounts of persons whose land is acquired
Ajay Sethi
Advocate, Mumbai
45421 Answers
2668 Consultations

5.0 on 5.0

The collector will issue notices under Section 9 to all persons interested in the acquisition to file their claim reports.

In determining the compensation the market value of the land is determined at the date of notification. The rise and fall in the value during the period of transaction and notification is taken into consideration.

Excess compensation is payable when:
i. Part of the property is proposed for acquisition in such a manner that the remainder depreciates in value.
ii. When the land notified for acquisition has standing crops or trees.
iii. If the person interested has to change his place of residence or business then the excess rent payable for the new premises is also considered for compensation.

The collector has to make the award under section 11 within a period of two years from the date of notification. After necessary inquiries the collector declares his award showing true area of the land, total amount of compensation payable.
Shivendra Pratap Singh
Advocate, Lucknow
5066 Answers
78 Consultations

4.9 on 5.0

18.Reference to Court:- (1) Any person interested who has not accepted the award may, be 
written application to the Collector, require that the matter be referred by the Collector for the 
determination of the Court, whether his objection be to the measurement of the land, the amount 
of the compensation, the persons to whom it is payable, or the appropriate of the compensation 
among the persons interested. 
(2) The application shall state the grounds on which objection to the award is taken: 
Provided that every such application shall be made,--- 
(a) if the person making it was present or represented before the Collector at the time when he 
made his award, within six weeks from the date of the Collector's award; 
(b) in other cases, within six weeks of the receipt of the notice from the Collector under section 
12, sub-section (2), or within six months from the date of the Collector's award, whichever period 
shall first expire. 
19.Collectors statement to the Court:- (1) In making the reference, the Collector shall state for 
the information of the Court, in writing under his hand,--- 
(a) the situation and extent of the land, with particulars of any trees, buildings or standing crops 
(b) the names of the persons whom he has reason to think interested in such land; 
(c) the amount awarded for damages and paid for tendered under sections 5 and 17, or either of 
them, and the amount of compensation awarded under section 11; and 
(d) if the objection be to the amount of the compensation, the grounds on which the amount of 
compensation was determined. 
(2) To the said statement shall be attached a schedule giving the particulars of the notices served 
upon, and of the statements in writing made or delivered by, the parties interested respectively. 

1.claim application is to be filed in office of land acquisition collector.

2.certified copy of award of LAC and land related documents are needed.

3.signatures of concerned applicants are needed only.

4.time period cannot be told.

5.status of claim can be tracked  from civil court to which LAC has referred claim case.
R.K. Nanda
Advocate, New Delhi
457 Answers

4.7 on 5.0

Procedure of acquisition : - 
 1. The process of acquisition begins with the issuance of preliminary notification under section 4(1) of Land Acquisition Act, 1894.

2. The notification has to be essentially published in the official gazette.

3.The main objective of issuing preliminary notification is to call for objections, if any, against such acquisitions from the owners or others who are having certain interest over the property.

4. Giving them ( owner and interested person ) an opportunity to raise their claims against the move of the government for acquiring their lands. The persons aggrieved by such notification shall file their objections within thirty days from the date of preliminary notification(date of the publication of notification).

5. After receipt of objections, the concerned authority ( collector) shall consider those objections, after due consideration a final declaration under section 6 shall be issued by the authority within a period of one year from the date of issuance of preliminary notification under section 4(1) of the Act.

6. Section 11 of the Act provides that after receiving the objections, the authority will have to hold an inquiry. However, it is necessary that actual extent of land proposed to be acquired and the value of the land has to be assessed before starting the inquiry, under sections 8 and 9.

7. On completion of the inquiry, award will be passed to that effect within two years from the date of publication of the declaration under section 6, as envisaged under section 11 A and published by the competent authority.

8.  After passing of the award, the Deputy Commissioner or any other competent authority may take possession of the land immediately, which shall thereupon vest absolutely with the government, free from all encumbrances.

9. Under section 18 objections can also be raised against the measurement of the land, enhancement of compensation or apportionment of the compensation by filing a written application before the Deputy Commissioner.

10 . Section 30 provide provision for settlement of dispute pertaining to apportionment of the compensation amount.  In such a situation, the Deputy Commissioner should refer the matter to the court. The claimant will be entitled to the compensation which is determined on the basis of the market value of the land determined as on the date of preliminary notification.

11 . Under section 34, if there is delay in payment of compensation beyond one year from the date on which possession is taken, interest at the rate of 15 per cent per annum shall be payable from the date of expiry of the said period of one year on the outstanding amount of compensation until the date of payment.

12 . M/s Indarprastha Ice and Cold Storage Ltd. Vs. Union of India AIR 1987 Del 171- Tenant is entitled to only a nominal  portion of the compensation of the acquired land is to be paid to the tenant and substantial amount has to be taken by the landlord. 

13 . Any person interested to whom the award is not satisfactory can submit a written application to the court, this application should be made within six weeks from the date of declaration of the award.
Shivendra Pratap Singh
Advocate, Lucknow
5066 Answers
78 Consultations

4.9 on 5.0

1. The Apex Court has already passed order for increasing the price of the lemon trees for the purpose of acquisition of your land,

2. If no specific time is specified, the authority should pay at the increased price within reasonable time and 2 months is considered as reasonable time,

3. File your application before the Collector, Land Acquisition Department prefering your claim enclosing the Supreme Court Order and the land acquisition notice received by you,

4. You shall have to personally verify the status of your application from the Collector's office.
Krishna Kishore Ganguly
Advocate, Kolkata
18406 Answers
447 Consultations

5.0 on 5.0

Dear Client,
You are advised hereby that, the order of the Supreme Court shall be executed at trial court through filing Execution Petition. The trial court will execute the order of the Supreme Court .
Mohammad Khaleel Ahmed
Advocate, Hyderabad
184 Answers
1 Consultation

4.5 on 5.0

1. What does the SC order say as to the time period within which the amount has to be disbursed? If no time limit has been fixed by the SC the amount should be released within a reasonable time of 2 months.

2. You should file your claim before the collector by enclosing the order of the Supreme Court.

3. There are no chances of cheating. The SC has finally decided your case by increasing the compensation. The only thing left to be done is to release the amount fixed by the SC.

4. The amount will be remitted to your bank account.

5. Engage a local lawyer to commence and complete the process successfully and expeditiously.
Ashish Davessar
Advocate, Jaipur
22977 Answers
634 Consultations

5.0 on 5.0

you can claim the same by producing the supreme court order when collector calls the claimants  to receive compensation. the amount will be deposited by cheque.you can claim compensation by filing LAR case too
Jeshma Mohandas KP
Advocate, Kozhikode
567 Answers
1 Consultation

4.5 on 5.0

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