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varun (Partner)     20 July 2024

Compensation by railways

Hi

Help neededπŸ™
we have an agricultural land in Dewas,MP which has been acquired by the railways recently for making a new station.

The mutation has already been done in the name of railways but we havent been paid any compensation for the said acquisition of our land.

Should we wait for the compensation?

can anyone pls tell the exact process of compensation or should we do something legally?

 

your help is appreciated 

thanks and regards

vk



Learning

 11 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     20 July 2024

Write a letter requesting the Divisional Manager to pay your compensation for acquiring your land.  If the railway has not responded, send them a legal notice through your lawyer.

T. Kalaiselvan, Advocate (Advocate)     20 July 2024

You have to follow it up with land acquisition officer of Railways regularly,  if your efforts don't fetch the fruits despite passage of good time period,  you may resort to legal action for recovery as per law. 

varun (Partner)     21 July 2024

Thanks a lot

but is their a process of compensation?

if the mutation has been done by the railways,how long will it take for the compensation?any time period 

T. Kalaiselvan, Advocate (Advocate)     21 July 2024

You have to approach the land acquisition officer of the railways and get all the details clarified including the time frame by which the settlement will be made. 

1 Like

varun (Partner)     21 July 2024

Ok sir thanks

Dr. J C Vashista (Advocate )     21 July 2024

Land Acquisition Officer (Railways) may be approached for filing your objection(s) under the provisions of Right to Fair Compensation in Land Aquisition Rehabilitation and Resettlement Act, 2013 through a local prudent lawyer. 

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     22 July 2024

Delays in land acquisition compensation from railways may occur due to various reasons, including ¹: - Problems in land acquisition - Forest/environment clearances - Inadequate infrastructure support - Delay in finalization of detailed engineering - Change in scope of the project - Delay in tendering - Law and order problems - Geological surprises - Lack of coordination between enterprises - Poor project design and implementation - Inadequate funding of projects - Bureaucratic indecision - The emphasis is only on the form of the project proposal rather than on its content - Short-funding of projects - High land prices - Land owners refusing to sell the land - Court cases against land acquisition - Delay in getting environment clearance - Pandemic-related restrictions To overcome these delays, it is suggested that ¹: - The Centre must take to task its ministries when there is a delay in implementing projects - Officials must be held accountable - Frequent review of projects being implemented will put an end to the delay and cost overrun

varun (Partner)     22 July 2024

Sir

but the issue is that mutation has already been done by the railways

shouldnt we be compensated first and then the mutation should have been done?

Dr. J C Vashista (Advocate )     23 July 2024

Mutation do not confer title of the land acquired by railways, it is just for recording transfer of title in the name of railway. It can be challanged before Revenue Assistant / Sub-Divisional Magistrate (as it is designated by State government)

varun (Partner)     23 July 2024

Thank you so much for helping me with the concern.πŸ™πŸ™πŸ™

P. Venu (Advocate)     25 July 2024

Land acquisition mandates a due process. Notifications need to be issuedand published  and award passed by the Land Acquisition Officer before possession is taken. It is surprising that you are not aware.

Any way you may seek the information under RTI Act based on the authority for the mutations already carried out.


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