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Pankaj Thakur (Advocate)     10 December 2013

Land acquisition and no payment

Dear friends,
 
A friend has some agricultural land in Sonipat (Haryana). In the year 2000, he agreed to sell this land to a Builder and the Builder assured that it will make the payment after the construction of residential flats. This construction and payment to my friend did not take place because before that, HUDA (Haryana Urban Development Authority) acquired the land and assured payment only at a later stage, after development of its colony. Now, the Builder and HUDA are avoiding payment to my friend on the grounds of land acquisition, ongoing construction etc. and my friend is losing the principle and the interest. In the near future, there is no guarantee of any payment. 
 
What are my friends' rights and remedies in this scenario?
 
Please inform, guide & help.


Learning

 3 Replies

Arvind Singh Chauhan (advocate)     10 December 2013

Please take resort of perfect legislation on this issue-

The Right to fair compensation and transperancy in land acquisition, rehabilitation and resettlement Act 2013.

There are lots of penal provision against responsible authorities on non payment or wrong payment.

Pankaj Thakur (Advocate)     10 December 2013

Thanks a lot Arvindji! Yes, the new legislation is good but will it be applicable retrospectively?!

Arvind Singh Chauhan (advocate)     10 December 2013

as the payment is still pending, it applies.


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