Clarity required on compensation paid by the state government for the land acquisition for sipcot
EZHILARASAN M
(Querist) 26 January 2015
This query is : Resolved
Dear Legal experts,
We have purchased around 22.4 acres of land in the year of 2013 May. We have paid the full amount to the company from whom we have purchased the land. Out of 22.4 acres, we have registered the document (sale deed) only for 8 acres and for the remaining 14.4 acres we have got only the general power of attorney.In August 2013, we have entered into a agreement with another buyer for 14.4 acres for selling the land and the same is registered. Till today the 14.4 acres has not fully sold to the new buyer.
Land acquisition by SIPCOT (Tamilnadu):
Meanwhile One month back a notice came from SIPCOT (A industrial development body) proposing to acquire a part of 8 acres for industrial development (around acres). As the document of 8 acres is in our name, the notice came to our address. Later we have come to understand that the SIPCOT has sent a notice to the seller who sold this land to us for 14.4 acres which they have not intimated us. But we have fully paid the amount agreed and got the receipt from them for the full payment and got only the general power of attorney.
As the document for 14.4 acres is still in the previous owner"s name, the govt has sent the notice to them.
please clarify the following:
1) what is the amount of compensation to be paid after the enactment of Right to Fair compensation ACT 2014? Does it apply for the state government while acquiring the land for industrial development?
2)In case when they don't pay 2 times of transactional value as per the recent ACT, can we go to court and claim for fair compensation?
4) As we have only the general power of attorney for 14.4 acres, how to claim the compensation amount in our name? or else
5) what is the procedure to claim the compensation for the 14.4 acres for which we only we have the general power of attorney? If you have any reference case for the same, kindly let us know on the same.
Kindly advise.
Thanks
Ezhil
T. Kalaiselvan, Advocate
(Expert) 29 January 2015
General power of attorney agent legally has no power to claim compensation. Only the owner of the property can claim compensation if the land has been acquired by the government for industrial purpose, that too to the extent that has been allowed under the said act. In the event of revision of compensation amount also, the owner only has t initiate proceedings in the court and not the power agent. The government will reject the claim of the agent. Better consult a local lawyer and proceed.
