Rent/damage compensation in land acquisition
My Land was taken possession and handed over to Govt.run SEZ(GOI) in AP in 1991 without notifying it in s.4(1) Prel.Notification(DN) and paid no compensation as per s.31(1)&(2) pursuant to such impugned s.4(1)DN.Upon challenge,AP High court set aside the entire L.A proceedings in 1995 on that count.On request of SEZ authorities. the LAO issued fresh s.4(1) D.N and also s.6 Declaration(DD) in 2000-2001 and abandoned further proceedings such as passing award as per s.11.The entire L.A proceedings pursuant to s.4(1)DN issued in 2000 consequently lapsed.But.the Govt.run SEZ firmly encroached in to my land all these years from 1991 to till today. I corresponded with the concerned LA authorities and obtained all the information.On my notice (issued by me in 2015) to the LAO to restore my land and pay rental compensation @ 15 % of the award to be passed as per the New LA Act-2013 for the illegal occupation of my land by SEZ from 1991. in reply to my notice, Now.the LAO admitted that the land need to be acquired afresh and the SEZ also admitted the same and would take necessary steps to pay compensation.but the LAO decided to calculate the rental compensation @ 9% on the compensation amount which is not paid as per s.31(1)&(2) pursuant to the Impugned LA Proceedings in 1991 from the date of passing such impugned award in 1991.But,I protested that i am entitled 15% of the award per annum to be passed in 2016 from the date of dispossession in 1991 by quoting the case laws as established by the Apex court in similar cases.But,the LAO argues that the case laws I quoted are pertaining to the old LA Act 1894 only and Rent/Damage is restricted. to period of possession taken prior to s.4(1)DN till a date of issuance a new s.4(1) DN in the era of the old LA act in force.My land is to be acquired as per new LA act 2013 and there is no s,4(1) D.N in the LA act 2013.Therefore not applicable. I argued though technically Nos. changes in place s.4(1) of the old Act to s.11(1) of new act 2013 but substance of the provision remain same as the market value is to be estimated as on the date of issue Preliminary Notification for passing the award in both old and new act.Now.Pls guide me as to how to defend my case.
Asked 2 years ago in Civil Law from Hyderabad, Telangana
1) land acquisition proceedings lapsed as no award was passed ny LA0
2)in 2015 LAO has admitted that land is required to be acquired afresh
3) since your land is to be acquired under new land acquisition act you would be entitled to compensation as per new act
4) the Supreme Court has held that if compensation for land acquired under the 1894 act has not been paid to the land owner or deposited with a competent court and retained in the treasury, then the acquisition would be deemed to have lapsed and would be covered under the 2013 law entitling the landowners to higher compensation.
5) contact a local lawyer . correspondence exchanged with LAO needs to be perused to advice further
From your contents it appears that you have properly represented and handled the case.
You can equip yourself with strong documentary evidences and more citations in this regard and present your final argument convincingly
Be in touch with yor advocate regularly.