Land acquisition

1.  Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act 2013 is in force from 1.1.14 . As per Sec 114(1) The Land acquisition Act 1894 has been Repealed. It Contains a Section 24 on Retrospective operation of Act which is reproduced below:-

 Sec 24.  Land acquisition process under Act No 1 of 1894 shall be deemed to have lapsed in certain cases--- (1) Not withstanding anything contained in this Act. in any case of land acquisition proceedings initiated under the Land Acquisition Act. 1894.

(a)      where no award under section 11 of the said Land Acquisition Act has been made, then, all provisions of this Act relating to the determination of compensation shall apply; or

(b) Where an award under said section 11 has been made, then such proceedings shall continue under the provisions of the said Land Acquisition Act, as if the said Act has not been repealed.

(2) Notwithstanding anything contained in sub-section (1) in case of land acquisition proceedings initiated under the Land Acquisition Act. 1894, where an award under the said section 11 has been made five years or more prior to the commencement of this Act but the physical possession of the land has not been taken or the compensation has not been paid the said proceedings shall be deemed to have lapsed and the appropriate Government, if it so chooses, shall initiate the proceedings of such land acquisition afresh in accordance with the provisions of this Act:

Provided that where an award has been made and compensation in respect of a majority of land holdings has not been deposited in the account of the beneficiaries, then, all beneficiaries specified in the notification for acquisition under section 4 of the said Land Acquisition Act, shall be entitled to compensation in accordance with the provisions of this Act.

As in your case notification  has been issued in 2012 and a period of 5 years has not passed you will not be  covered under the new law.

RC GARG

Thanks for the response. 

a)      where no award under section 11 of the said Land Acquisition Act has been made, then, all provisions of this Act relating to the determination of compensation shall apply

As per this clause compensation was not made till 1 st jan 2014 (the date by which 2013 bill was brought into action). so no award was made by 1 st jan 2014 under section 11 of the said land acquisition act. So all provisions of this act relating to the determination of compensation can apply or not?

Phaneendra

Thanks for the response. 

a)      where no award under section 11 of the said Land Acquisition Act has been made, then, all provisions of this Act relating to the determination of compensation shall apply

As per this clause compensation was not made till 1 st jan 2014 (the date by which 2013 bill was brought into action). so no award was made by 1 st jan 2014 under section 11 of the said land acquisition act. So all provisions of this act relating to the determination of compensation can apply or not?

Phaneendra

Your question is not clear. What notification was issued in Jan 2012.

The main Date is The date of Award u/s 11  and not the date of payment. If there was no Award u/s 11 before 1.1.14 you come under new act of 2013.If award was made before 1.1.14 then more than 5 years must have passed from the date of award and acquirer hasnot taken possession or has not  paid compensation then the acquisition lapses. Please note as per a recent supreme court  judgementif the acquirer has deposited compensation in the court it will be deemed to have been paid but if he has deposited in treasury it is considered as not paid.

If the acquirer has not deposited compensation in court and you have not taken it, you can still benefit if you continue this status till more than five years have passed

You may talk to me on 011 22774727  or 09871574902 for further clarification

RC GARG

The award is made on 24 jan 2014 .(cheque dated 21 jan 2014). I had accepted the cheque giving remarks as " accepting the payment against protest as the compensation paid is not satisfactory.

And also the cheque is rejected first due to the reason "the signture is not as per mandate". I had represented the same cheque again after 1 week (4 th feb 2014) and the cheque is passed.

Thank you for your  suggestions Sir

phaneendra

If award date is 24.1.14  you come under sec 24 (a) and you should get compensation under act 2013 which is 2 times  of market value or circle rate which ever is higher in urban areas and 4 times in rural area. There is no tax on compensation paid under act 2013. It seems the collector is nor aware of this provision. Please read the new act attached herewith.

RC GARG

Sir,

How can I get the compensation for the land acquired by the government U/s 11 of land acquisition Act 1894 in 1973-74 and the government also issued the award for the same but I have not received any compensation amount.

Please Help

Regards

Akshay Aggarwal

Please specify the date of Award. Also find out whether the Govt has deposited the compensation  in the district court to which reference is made by the collector under sec  18 of Act 1894.

If either of the following two conditions is satisfied he old acquisition lapses and you are free to sell your land in open market

1)  If more than six years have passed from the date of award and compensation has not been deposited  by the Govt in the court, the old acquisition lapses and you can apply to the court to declare the lapse.

2) If you have not given possession and If more than six years have passed from the date of award , the old acquisition lapses and you can apply to the court to declare the lapse.

Ravi Chand Garg

link of Award list

https://www.delhi.gov.in/wps/wcm/connect/DoIT_Revenue/revenue/home/land+acquisition/north+east/ghonda+gujran/award-9%2873-74%29

How can I apply to the court to declare the lapse because six years have already passed from the date of award.

Can you please give your contact number so that we can communicate easily.

Thanks

Akshay Aggarwal

My phone no is 01122774727, M 9871574902

Some part of our land is being acquired for NH24

Notice under section 3A was on dated 21.08.2012

Notice under section 3D was on dated 21.05.2013

Date of Award- 16.08.2014

Should new Land Acquisition act will apply on our land acquisition or not.

Please reply

Sukendra

09873571344

Hi,

As per the query mentioned it is pertinent to mention that land  acquired under the  National Highway Act  and Land acquired under the a Land Acquisation Act 1894 are two different acquisation. Hence any acquisation under National Highway Act wont attract  the new land ordinance 2013/15 as these land acquired are done under  two different statute and hence there is no question that new land oridnance would apply.

Regards 

Saurendra Rautray

Rautray & Co

New Delhi.

www.rautray&co

09437008255

Hi,

The new Land act shall apply to NH Act from 1.1.2015.

Regards

Saurendra Rautray

Rautray & Co

New Delhi.

www.rautray&co

09437008255

Dear Sir, I have to receive some land compensation from municipal corporation. Without paying compenation they laid some roads on my lands long back.If we receive any amount from them, within how many days we have to inform them that we are dissatisfied with the amount paid and how to draft the letter.  Awaiting for your early reply.Thanking you in advance. 

Regards,

Sudhakar. E