Land acquisation and compensation
padmanabha guptha
(Querist) 15 January 2014
This query is : Resolved
Sir,
My house to an extent of 484 sqft is proposed to be acquired by National highway authority. I lose house and land in it. The reference value fixed at sub register office is Rs.1500.00 at present for land. The market value is not known.
Sir, I want to know, will it not be wrong, if, I demand compensation four times as per the land acquisition act.
M.Sheik Mohammed Ali
(Expert) 15 January 2014
yes, you can get compensation. you first send legal notice.
ajay sethi
(Expert) 15 January 2014
as per new land acquisition act in rural areas you get 4 times the market value for land acquisition
Rajendra K Goyal
(Expert) 15 January 2014
Contact a local lawyer for your claim.
V R SHROFF
(Expert) 15 January 2014
yes, u claim 4 times mkt value.
Guest
(Expert) 15 January 2014
Agreed with Mr.Ajay Sethi
padmanabha guptha
(Querist) 28 January 2014
Sir,
I met four lawyers. They told me, compensation as per present right to fair compensation act 2013 can not be applied for NHAI. Hence award can not be modified. Explaining in front of arbitrator is the only solution for enhancement of compensation.
Sir, what should I do? Shall I accept compensation under protest and then fight for higher compensation.
Sir, I have observed fallowing procedure lapses by NHAI,
1) More than one year lapsed between preliminary notification publication in news paper to final notification publication in news paper.(Gazette notification are with in one year)
2) The order by competent authority, for having disallowed our objection as per 3C not placed.
3)Preliminary notification date is 29.11.2010. Where as 2009-10 average value of sale proceeds are considered for market value.
4) Final notification was on 24.11.2011. Award issued on 01.01.2014. There is about two years gap afte 3D notifciation.
4) First floor is not considered in detail award.
Sir, I am not able understand, how I have to proceed. Can I try for cancellation of notification?
And, one of the lawyers told me to give a letter to NHAI asking them to settle the dispute at civil court. Will NHAI go to civil court, if I give such letter?
