Land and building acquired under nhai act
padmanabha guptha
(Querist) 15 March 2014
This query is : Resolved
Sir,
The lawyers I met stated that, the award of compensation amount for the land and building acquired by NHAI under NHAI act can not be challenged under section 18 of land acquisition act for enhancement. Going to court of law is possible only after arbitration process. Hence, they suggested me to accept compensation under protest.
Where as in this forum, I have been suggested not to accept compensation under protest also and also I have been suggested to appeal in District court for enhancement under land acquisition act.
The compensation offered is one fifth of the present sub register value. Compared to market value, it is abnormally low.
It has become very difficult for me to take any decisions. Please, suggest me what should I do.
Surrender K Singal
(Expert) 16 March 2014
Compensation under the recently amended LAA has been linked to market value. you may like to refer to it for appeal to claim higher compensation
Saurendra Rautray
(Expert) 16 March 2014
Hi,
I beg to differ from our learned expert with due respect. Please do correct me if I am wrong. But as per the new Act 2013 that's is The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 such act shall apply and not apply in the following acquisition and those are mentioned below:-
The Act is applicable when:
1.Government acquires land for its own use, hold and control, including land for Public sector undertakings.
2.Government acquires land with the ultimate purpose to transfer it for the use of private companies for stated public purpose. The purpose of LARR 2011 includes public-private-partnership projects, but excludes land acquired for state or national highway projects.
3.Government acquires land for immediate and declared use by private companies for public purpose.
4. The provisions of the Act does not apply to acquisitions under 16 existing legislations including the Special Economic Zones Act, 2005, the Atomic Energy Act, 1962, the Railways Act, 1989, etc.
Saurendra Rautray
(Expert) 16 March 2014
I would like to add more that in certain conditions there is limitation to such acquisition as mentioned below:-
Limits on acquisition[edit]
The Act forbids land acquisition when such acquisition would include multi-crop irrigated area. However such acquisition may be permitted on demonstrable last resort, which will be subjected to an aggregated upper limit for all the projects in a District or State as notified by the State Government. In addition to the above condition, wherever multi-crop irrigated land is acquired an equivalent area of cultivable wasteland shall be developed by the state for agricultural purposes. In other type of agricultural land, the total acquisition shall not exceed the limit for all the projects in a District or State as notified by the Appropriate. These limits shall not apply to linear projects which includes projects for railways, highways, major district roads, power lines, and irrigation canals
T. Kalaiselvan, Advocate
(Expert) 16 March 2014
a Madras High court judgment in this regard Available at http://www.indiankanoon.org/doc/1177053/ may be referred specially the purpose of legislation to acquire land under the Acquisition Act and under the Act, for public purpose, specially when the Act is also framed by the same Legislature, therefore, it is not permissible to discriminate between persons with regard to payment of compensation.
