Land acqusation procedure by nhai
padmanabha guptha
(Querist) 16 January 2014
This query is : Resolved
Sir,
My land to an extent of 484 sqft is proposed to be acquired by NHAI by demolishing major part of house. I have received notice in this regard.
As per land acquisition act, I am eligible to request to enhance compensation four times market value. It works out Rs.8000.00per sqft. Where as NHAI fixed Rs 297.00per sq ft, taking four years back reference value.
The building value assigned is also low.
But, the authority is insisting us to receive the compensation offered by them under protest.
Sir, I have fallowing doubts, please clarify and get rid of me from these doubts.
1)After the land is acquired, will NHAI refer the matter to Govt in order to fix arbitrator.
2) If the building is demolished before arbitrator is fixed, Will it not create any problem to arbitrator to verify the asset value.
Kumar Doab
(Expert) 22 January 2014
You must approach a competent and experienced lawyer handling revenue and such cases AS AP, and do not accept the compensation offered by them even under protest, till you have understood the merits and proceed under expert advice of your lawyer.
>>> THE RIGHT TO FAIR COMPENSATION AND
TRANSPARENCY IN LAND ACQUISITION,
REHABILITATION AND RESETTLEMENT
ACT , 2013 –
Has received the assent of the President and has been published in gazette that is available at:
http://indiacode.nic.in/acts-in-pdf/302013.pdf
The appropriate Government is Collector.
The powers of Collector have been curtailed.
>>> THE RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION,
REHABILITATION AND RESETTLEMENT ACT , 2013 –
AN OVERVIEW
is available at:
http://rural.nic.in/sites/downloads/general/RTTFC_in_LARR_2013.pdf
It is in simple language and with bullet points in the form of PP presentation.
You may go thru:
----Minimum Compensation for Land Acquisition:
A Comprehensive Compensation Package (First Schedule)
1. Market value of the land:
a) the minimum land value, if any, specified in the Indian Stamp Act, 1899 for the registration of sale deeds in the area, where the land is situated; or
b) the average of the sale price for similar type of land situated in the immediate areas adjoining the land being acquired, ascertained from fifty per cent of the sale deeds registered during the preceding three years, where higher price has been paid; or whichever is higher:
PROVIDED THAT THE MARKET VALUE SO CALCULATED FOR RURAL
AREAS SHALL BE MULTIPLIED BY A MULTIPLIER FACTOR OF UP TO
‘TWO’.
2. Value of the assets attached to land: Building/Trees/Wells/Crop etc as valued by relevant govt. authority;
Total compensation = 1+2
3. Solatium: 100% of total compensation
----Minimum R&R Entitlements
----Stringent and Comprehensive Penalties
Regime for Companies and Government:
• Punishment for false information, mala fide
action, etc.
• Penalty for contravention of provisions of Act.
---Collector passes 2 types of Awards:
