Amount to be demanded from nhai against land acquisition
gopal
(Querist) 08 September 2017
This query is : Resolved
Respected Experts,
I have seen one query regarding National High ways Act one querist GOPAL PALOD asked the query on 21 Jan 2012 the query is
"My land measuring 2.1 acres is going to be aquired by NHAI for four laning of national highway no. 6. My land is sorrounded by warehouses & transport & industrial units. The market value of my piece of land is approx 1 crore. I am not aware as to how much amount i will receive from NHAI. Please give me expert advise so as to receive rupees 1 Cr from NHAI against the compesation of land owned by me "
For this query the Expert Mr Ajay Sethi sir has replied that
" The Act covers only legal title holders and provides for: (i) market value of the land; (ii) a solatium of 30% on the market value for compulsory acquisition; (iii) additional amount for trees, crops, houses or other immovable properties; (iv) damage due to severing of land, residence, place of business; (v) compensation to bargadar (sharecroppers) for loss of earning; and (vi) an interest of 12% on the market value from the date of notification to award."
I humbly request the experts kindly provide the solution and guidance :
my agricultural land and so many persons agricultural lands were acquired by the NHAI for NH205 Project. The Spl District Revenue Officer /Land Acauisition Officer awarded only the market value as per the National Highways Act . When we ask about solatium and 12% interest on market value, the LAO and Project Director of NH-205 project they were told that there is no provision in National Highwasy act to give solatium and 12% market value to the land owners under the sec 3(j) . They also told that those land which was acquired by the Land acquisition act ,they only eligible to get solatium and 12% market value but ours acquired under national Highways act so they did not provide the solatium and 12% interest on market value.
I and the other land owners are approached the local lawyers in this regard they also telling the same as like the LAO. In this situtation I have seen Mr Ajay Sethi sir's reply ,
so i would like to get guidance in this regard.
Respected Sirs
if possible kindly provide the Supreme Court Judgment on this type of case if any available ,it will be helpful to me and other agricultural land owners who were lost their agricultural land in this project.
Do we have entitled to get solatium and 12% market value.
I am not only asking for me also asking for so many land owners who lost their land in the NH project.
Sir kindly provide the guidance in this regard.
Thanks and regards in advance
nandagopal
dr g balakrishnan
(Expert) 08 September 2017
u have to question the very NHW Act itself by a writ mandamus u/article 226 r/w227
dr g balakrishnan
(Expert) 08 September 2017
Acts are meaningless domination on citizens, citizens ought question very statutes as these acts are gainst you part III fundamental rights, no parliament can abridge or abrogate your fundamental right after all only recognized rule of law is the constitution of india that is accepted by one and all not any statutes of any government please.
dr g balakrishnan
(Expert) 08 September 2017
without questioning statutes, no court will accept your pleas under fundamental rights. Judiciary is one it tests al statutes if you seek on the anvil of the constitution.
gopal
(Querist) 09 September 2017
Dear Experts Kindly give more information any Apex Court rulings on this
Dr J C Vashista
(Expert) 10 September 2017
Judgment(s)/citation(s)/format(s) are not provided on this site.
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