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Bhika Reghiwale   22 June 2021

land measurement

Sirjee,

As we had received the less compensation for our land from NHAI.We Logged a complaint to the Sub Divisional Officer, Balapur in maharashtra.on this S D O Balapur had ordered to the sub registrar , land record, Patur for measurements
The sub registrar Patur has arranged the measurement for this land and found 16 Are land in excess to be
compensated. Issued notice under L A act section 3 ( a ) on dt 3/6/2021. Later on NHAI asked to SDO Balapur to measure this land jointly. Here joint measurement team found that no land is in excess to be compensated. Now you all
are requested to kindly advise us to whom we should apply for the remeasurement or any other measurement of this land and under which section of revenue act 1966 , for this land ,which is not measured as per the standard and the parameters of the road.your early action in the matter will be highly solicited. We again madea complaint to S D O Balapur who told us to go to Bhumiabhilekh officer with the lawyer . It will be also done later but at this stage you please take some pain and advice in detail.
Thanks



.


Learning

 8 Replies

G.L.N. Prasad (Retired employee.)     23 June 2021

Get resurvey done as per laid down procedure either from Surveyor of Tehsildar or any approved surveyor and get a certificate.  As you have an advocate, hope he will guide you on further remedy.

Bhika Reghiwale   23 June 2021

They previously measured by jointly So is it necessary for us to measure this land by private surveyer jointly.And as a lawyer you u tell us further procedure also
Thanks

P. Venu (Advocate)     23 June 2021

The law under which the acquisition has been done would have provided for the procedure in such  cases.      the said procedure needs to be adopted. 

Bhika Reghiwale   23 June 2021

Sir
The acquisition done under the NH act 1956 by S D O Balapur
please advise further necessary action to be taken
There are several mistakes in measurements and NHAI authority does not hear at all
kindly take some pain for me Venuji It is a matter of 80 to 90 lac rs I will obliged you or pay your fee . You may contact me on email freely. All are requested to help me

G.L.N. Prasad (Retired employee.)     23 June 2021

You can only get a fair idea for a remedy through forum replies, and ultimately it is your local advocate that takes up the issue and has to file suit for compensation as per actual measurement as per deed or surveyor report.  You can read a hundred books on swimming, but you can not swim with that bookish knowledge.  Guidance of professionals is a must, otherwise, you may get sink.

T. Kalaiselvan, Advocate (Advocate)     25 June 2021

You may exhaust the remedies from the local SDO to make your claim for the actual land acquired by them and to compensate you as per law for the entire property acquired.

If you do not get a proper reply then you may have to approach high court with a writ petition seeking for resurvey and to provide you relief for the excess land acquired  in terms of compensation.

 

P. Venu (Advocate)     29 June 2021

As far as I am able to ascertain Section 3G (5) provides for arbitration proceedings in such eventuality.

3G. Determination of amount payable as compensation.—

(1) 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), the competent authority shall give a public notice published in two local newspapers, 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 value 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. (Emphasis supplied)

1 Like

Bhika Reghiwale   02 July 2021

Thanks for exact suggestions

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