Land acquired by haryana urban development authority on dwarka expressway
Ranjeev Sharma
(Querist) 16 October 2013
This query is : Resolved
I have a plot since 1996 registered in my name and I have got mutation of the same.
I came to know in 2011 that it has been acquired by HUDA on 23.12.2009 for which i had not received any notice from HUDA.
Till date I have not taken any claim whatsoever from HUDA.
On 06.10.2013 newspaper advertisement was given by HUDA that compensation can be claimed by all the land owners whose land was acquired, they can file their claim for another plot under Rehabilitation and Resettlement Scheme, which will be verified by them and if found correct then plot will be alloted.
The main point of concern is that the compensation which HUDA is providing against my land is very much less than the actual market value
and HUDA may or may not provide the land and what will be their parameters for allotting the land.
I want to seek advise that what can I do to get the actual compensation which will set off my loss caused by land acquisition by HUDA.
What remedies can I claim under new Land Acquisition Bill, and also let me know the limitation period to file the suit. I would like to know that whether i should claim the compensation provided by HUDA or wait for the enforcement of new Land Acquisition Bill.
Thanks
prabhakar singh
(Expert) 16 October 2013
You should appear and file objection against the proposed compensation and should prove the market value with stamp duty rate fixed by collector and sale deeds made in past,in addition you should claim interest from date of acquisition.
If they do not award you market value take their offer under protest and ask them for a reference of your case to the court of the District Judge where you may get market value and one more tire for you would be the High Court.
But looking for new bill to become law may hamper rights you have just due to lapse of time and inaction on your part.
Ranjeev Sharma
(Querist) 16 October 2013
I had not received any notice from the office of HUDA regarding land acquisition.
When I contacted them in 2011, they told me that you have registry and mutation in your name but AMAL is not in your name.
Then I acquired AMAL from the Patwari in June 2011.
Till date I have not received any correspondence from them.
Some people has filed the case in this regard and they had obtained a stay order in this regard and the case is pending perhaps in the High Court at Chandigarh. I came to know very late regarding the acquisition thats why I am not the party in the case but my land was in between that.
Please suggest me whether I should wait for the final decree of the case pending in the court or I should take my claim immediately as suggested by you.
Please suggest me how should I proceed.
thanks
prabhakar singh
(Expert) 16 October 2013
When they are not admitting you owner yet acquiring land owned by you,like others you should also file a writ petition in high court.
ajay sethi
(Expert) 16 October 2013
contact a local lawyer .you have stated compensation is lower than market value . cross check the recent deals made for sale in surrounding areas to claim enhanced compensation . you can challenge the compensation offered by huda in court
R.K Nanda
(Expert) 16 October 2013
nothing to add more.
Rajendra K Goyal
(Expert) 17 October 2013
You can check the policy for allotment of plots by HUDA for the person whose land has been acquired from its site. You can also confirm from HUDA office whether your land has been acquired or not? Compensation is allowed as per HUDA policy. In case your land was acquired, you can have also filed case for stay like others.
Raj Kumar Makkad
(Expert) 17 October 2013
Rajeev G! You should immediately contact in the local office of HUDA and should obtain the Award no. & date and thereafter should also obtain the copy of the notification which might have been got published in the news-paper (individual notices are not sent in Haryana to any owner of the land rather the notices are published)and then make a representation to provide you compensation under protest and then further make representation to send your case to District Judge under section 18 of LA Act, 1894.
It shall further be good to become party to the ongoing petitions before high court instead of filing fresh one.
You should not wait even for a single day in this matter as you have already lost time and this is hyper technical issue qua limitation.
engage a local civil lawyer.
