land acquisition
Querist :
Anonymous
(Querist) 15 January 2010
This query is : Resolved
TAMIL NADU forests recently announced in the leading papers that they would like to acquire over 300 acres in nilgiris area under the pretext of wild life protection & elephant corridor to get foreign funds. since area is large there are local inhabitants, hospitality industry and private land owners which are registered by local panchayat and requisite fees have been paid by everyone.
now suddenly TN forests hv come heavily on the hospitality industry and private owners, the matter is in high court of chennai.
i would like to know :
1) how thet can acquire when the panchayats hv registered the land ?
2) can they acquire without compensation ?
3) wht is the correct procedure for acquiring if court passes an order ?
4) wht relief we can get from court ?
5) report of elephant corridor is it absolute and whose report can be considered as locus standi in the court of law ?
6) can they ask the private owners to pack thier bags over night ?
they hv asked affected people to file objections nxt month wht shd be our stand.
PLS HELP SOS
R.R. KRISHNAA
(Expert) 15 January 2010
It is matter of public policy or state decision to acquire land for public purposes or ensure environmental safety of wildlife etc etc. It is the sole domain of the state or centre. I believe the high court would certainly concur the stand of the government.
Regarding your querries:-
1) Even registered lands can be acquired.
2) Compensation will be paid as per assessment and enquiry by the land acquisition officer.
3) Procedure can be found in the land acquisition act.
4) If the compensation paid is less or if there is any miscalcuation you shall seek enhancement of compensation. Otherwise there is no other remedy for you.
5) The report is neither absolute or non-absolute. It is the basis of the land acquisition. You cannot challenge it as it is a outcome of the policy decision of the government.
6)Yes the private owners have to leave but not overnight. Sufficient time will be given.
Regarding your stand for the objections, objections shall be given consideration by the court but ultimately the decision of the court to acquire land will prevail (generally).
