Land acquired by nhai
abhinav gupta
(Querist) 17 February 2013
This query is : Resolved
Dear Sir,
Our land is situated on NH highway no. 69 (Near Bhopal). We were planning to build a warehouse on that land, and converted our land to commercial from agriculture (current status of land is commercial). We have completed all the formality of converting land to commercial and also paid the fee. After the conversion of land NHAI notified that the land is taken by NHAI for road widening
As you know that there is difference in commercial and agriculture land rate. My question is at what rate NHAI will pay us at commercial rate or agriculture rate. Also no commercial activity going on the land as if now.
It will be really helpful for me ti get answer.
ajay sethi
(Expert) 17 February 2013
since conversion of land has already been approved you would get compensation at commercial rates . wait for NHAI to make its offer for compensation
ajay sethi
(Expert) 17 February 2013
National Highways ACT 1956
Determination of amount payable as compensation.
(l) Where any land is acquired under this Act, there shall be paid an amount which shall be determined by an order of the competent authority.
(2) Where the right of user or any right in the nature of an easement on, any land is acquired under this Act, there shall be paid an amount to the owner and any other person whose right of enjoyment in that land has been affected in any manner whatsoever by reason of such acquisition an amount calculated at ten per cent. of the amount determined under sub-section (1), for that land.
(3) Before proceeding to determine the amount under sub-section (1) or sub-section (2), tbe competent authority shall give a public notice published in two local newspaper, one of which will be in a vernacular language inviting claims from all persons interested in the land to be acquired.
(4) Such notice shall state the particulars of the land and shall require all persons interested in such land to appear in person or by an agent or by a legal practitioner referred to in sub-section (2) of section 3C, before the competent authority, at a time and place and to state the nature of their respective interest in such land.
(5) If the amount determined by the competent authority under sub-section (1) or sub-section (2) is not acceptable to either of the parties, the amount shall, on an application by either of the parties, be determined by the arbitrator to be appointed by the Central Government.
(6) Subject to the provisions of this Act, the provisions of the Arbitration and Conciliation Act, 1996 (26 of 1996) shall apply to every arbitration under this Act.
(7) The competent authority or the arbitrator while determining the amount under sub-section (1) or sub-section (5), as the case may be, shall take into consideration
(a) the market va]ue of the land on the date of publication of the notification under section 3A;
(b) the damage, if any, sustained by the person interested at the time of taking possession of the land, by reason of the severing of such land from other land;
(c) the damage, if any, sustained by the person interested at the time of taking possession of the land, by reason of the acquisition injuriously affecting his other immovable property in any manner, or his earnings;
(d) if, in consequences of the acquisition of the land, the person interested is compelled to change his residence or place of business, the reasonable expenses, if any, incidental to such change.
R.K Nanda
(Expert) 17 February 2013
agree with Sethi.
abhinav gupta
(Querist) 18 February 2013
Thanks Mr. Sethi for your valuable information. In 3A notification the land status appeared agriculture. According to the authority, the land record takes time to get updated. We went to appeal in front of registor, and Tehsidar. One of lawyer suggest us that if they agree on status to commercial. They have to pay commercial land rate. What should be our next step.
Raj Kumar Makkad
(Expert) 20 February 2013
If the land is already recorded as an agriculture then there is no scope to get it declared commercial, however, in claim petition, all points like connectivity of market, having adjacent commercial place, college, school etc. are duly taken care of if the same are addressed by a party.
