Aquistation of land and building by n.h authority
padmanabha guptha
(Querist) 10 January 2014
This query is : Resolved
Sir,
I am aged 80. I own an house received through partition deed during 1970. Since then I am r staying in that building. Also, I was using this premise for running small business for my lively wood earnings.
This is a main road property.
About 150sqft of premise has been demolished during 1971 without any compensation stating road broadening purpose
Now the N.H authority have served us a notice proposing to acquire land demolishing 484 sqft. of this building
The compensation offered for this is, Rs:1.43lakh towards land and 1.42lakh towards building. The valuation fixed is low compared to market value. I don.t know, how it is computed.It is substantially low.
Date of land declared as acquired is 24.11.2011 without mentioning the compensation amount.Where as, award has been received on 01.01.2014. One month time given to submit records. Otherwise, land will be acquired compulsorily as per rule.
Sir, at this stage, is it possible to receive proper compensation as per present land acquisition rule.
Dr J C Vashista
(Expert) 11 January 2014
File your objections before Land Acquisition Officer and move to the District court for a stay on the operation of the order.
Advocate. Arunagiri
(Expert) 11 January 2014
Normally, case against land acquisitions will not succeed.
But, you have every right to get the market value of the property. You serve notice to the said officer along with proof for market value.
If there is no response, file a Writ Petition in the High Court for enhancement of compensation.
Rajendra K Goyal
(Expert) 11 January 2014
Well advised by the experts, agree to it.
Dr J C Vashista
(Expert) 12 January 2014
I respectfully disagree with the experts.
a) For the for enhancement of compensation invoke provisions of Section 18 of Land Acquision Act (a Central Act)appeal before Dsitrict Judge and not the High Court, that too in a writ.
b) Similarly case against land acquisitions will succeed, as my personal case and experiece gained from number of clients.
padmanabha guptha
(Querist) 23 January 2014
Sir,
I have received award letter on 01.01.2014. The land declared as acquired on 24.11.2011. There is a huge gap. The present law is effective from 01.01.2014. For this reason or any other reason is it possible to get compensation as per present law at present market rate. NHAI is insisting to accept compensation and then to appeal. One month time is given to receive compensation.
ajay sethi
(Expert) 23 January 2014
it appears date of award has been back dated. it dosent take more than 2 years from date of award to date of communication of same. file appeal as suggested by experts
padmanabha guptha
(Querist) 23 January 2014
Sir,
I have received award letter dated:01.01.2014. The NHAI served award letter two years of gap after final notification of land acquired. I want to know, can this lapse can be used to demand to pay compensation as per present law or to cancel notification itself. I am not able to identify the lawyers expertised regarding NHAI acqisation in Bangalore. I am planning to avail the service of lawyer explaining the doubts cleared by experts.
Sir, definitely, I need valuable suggestion by experts
V R SHROFF
(Expert) 23 January 2014
Well advised.
receive compensation
Dr J C Vashista
(Expert) 23 January 2014
The date of award of compensation i.e., 1-1-2014 will be date of commencement of limitation and not 24-11-2011.
File petiton for enhancement of compensation before District Judge against LAO U/S 18 of the Land Acquisition Act.
The LA Act has recently been amended by the parliament for payment of compensation @ 4 times market rate, contact local lawyer
Hemant Agarwal
(Expert) 10 March 2014
1. Very correct and logical reply by Dr.J C. Vashista. Obtain rateable value of property from revenue dept., and file claim for compensation, based on such rateable value.
2. ALSO read the following link, for other basic details:
http://www.lawyersclubindia.com/forum/Re-Can-Pvt-Ltd-Company-in-Maharashtra-buy-Agricultural-land-15364.asp
Keep Smiling .... Hemant Agarwal
http://hemantagarwal21.blogspot.in/?view=sidebar
T. Kalaiselvan, Advocate
(Expert) 13 January 2014
