• Land acquisition

This is sreedhar from tadepalli gudem,AP. I am from agriculture background. near to my land engineering college (private sector) is there. engineering college ceo and local minister applied for land accusation for road. In this land accusation i lost my agriculture land. i am opposing this proposal but local surrounding formars supported to local minister. can i get stay through court? i need your help on this.
Asked 19 days ago in Civil Law from Tadepalligudem, Andhra Pradesh
1. If the acquisition is for public purpose then you are not likely to get stay order on acquisition unless the state machinery is adopting nay illegality like taking more land what has been notified or it is giving lesser compensation.
2. Even if you file case and get stay it is not gong to work un long run as the acquisition is made in compliance with all local laws then you will be defeated,
Hence my advice would be to accept compensation.
3. However I must say there is no legal bar to approach the court and challenge the acquisition by filing writ petition in high court. 
Devajyoti Barman
Advocate, Kolkata
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your query is not clear . you have said you lost your agricultural land 

2) have you been paid compensation under the land acquisition act ? 

3) have you accepted  the compensation kindly clarify 

4) contact a local lawyer . 
Ajay Sethi
Advocate, Mumbai
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1220 Consultations
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if all other farmers are supporting land acquitision your chances of obtaining stay would be bleak 
Ajay Sethi
Advocate, Mumbai
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you should file an objection under Section 5A of The Land Acquisition Act, 1894. within 30 days from the date of notification.it does not matter that how many person are opposing. if you do not receive proper reason i.e acquisition is necessary for the public purpose, you can file a writ before the high court.  
Shivendra Pratap Singh
Advocate, Lucknow
2760 Answers
41 Consultations
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Hi 
1) You can approach the High court and request for grant of stay of land acquisition
2) Courts normally will grant a stay provided the road is not part of master development road plan.
3) Courts will normally look in to whether the land acquisition is for public purpose or private purpose.
4) Courts will also grant stay if the land is forcible acquired without following the process of Law.
5) Also if yours is an agricultural land and the road is acquired for the purpose of benefiting a  private engineering college  then the land acquisition is not in Public Interest.

6) In the worst case scenario of your land being acquired by government, you are entitled for compensation in accordance to latest land acquisition act where the market value would be multiplied by a factor of, at least one to two times the market value for land.
6a) The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 also stipulates that the minimum compensation to be a multiple of the total of above ascertained market value, value to assets attached to the property, plus a solatium equal to 100 percent of the market value of the property including value of assets.
6b) In addition to the fair market value under Rehabilitation and Resettlement you are also entitled to the following:

i) an additional subsistence allowance of Rs.38,000 (US$800) for the first year - may be
ii) an additional entitlement of a job to the family member, or a payment of Rs.5,00,000 (US$11,000) up front, or a monthly annuity totaling Rs.24,000 (US$550) per year for 20 years with adjustment for inflation – the option from these three choices shall be the legal right of the affected land owner family, not the land acquirer
iii) an additional upfront compensation of Rs.50,000 (US$1,100) for transportation
an additional upfront resettlement allowance of Rs.50,000(US$1,100)
iv) if the land owner loses a home in a rural area, then an additional entitlement of a house with no less than 50 square meters in plinth area
v) if the land is acquired for urbanization, 20% of the developed land will be reserved and offered to land owning families, in proportion to their land acquired and at a price equal to cost of acquisition plus cost of subsequent development
vi) if acquired land is resold without development, 20% of the appreciated land value shall be mandatorily shared with the original owner whose land was acquired

Hope this information is useful.
Rajgopalan Sripathi
Advocate, Hyderabad
873 Answers
43 Consultations
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If there is no notification by government for this acquisition  in advance before hand, then you may file a permanent injunction suit agaisnt the proposed decision.
If there is no compensation announced then also also you may aproach court for desired stay.
T Kalaiselvan
Advocate, Vellore
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127 Consultations
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All local formars supported to local minister , i am the only one person opposing this proposal. can i get approach court any benefit for me?

You dont worry about others, you concentrate on your case alone. You can approach court of law seeking your relief alone by yourself. 
T Kalaiselvan
Advocate, Vellore
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127 Consultations
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