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Compensation for land acquired by nhai from sidco

(Querist) 19 November 2014 This query is : Resolved 
Dear Sirs/Madam,
We were allotted land by SIDCO (Tamil Nadu Small Industries Development Corporation of India) on Outright Purchase Basis.

The full amount for the land was paid and a Memorandum of Understanding was raised with SIDCO, Vellore on 30th March 1998 for the land purchased and the charge paper for the land was made on 03.07.98.

SIDCO only gave us the Charge Paper and Sale Deed was to be executed only after construction and starting of our industry to prevent alloted land being sold for profit.

On availing of the M.O.U. with SIDCO we had got approvals from various government agencies for starting our SSI unit.

After getting all approvals we did not start construction activities since the order position of BHEL was not good.

In April 2001 orders to BHEL improved but surveyors from NHAI were plotting the area for formation of a Bye-Pass Road to connect NH4 & NH46 passing through our land as well as 5 other allotees. SIDCO told us to wait and not to do any construction.

Intention to acquire the lands was done by Notification issued by NHAI and published in the Newspapers on 16th May 2003.In the Newspaper Notification the land was shown as Government for an area of 15000 sq metres.

We had immediately written to the Competent Authority who was the Special District Revenue Officer for Land Acquisition at the District Collectorate stating that the land shown as Government Land in the Newspaper Notification was allotted to us by SIDCO.

The land allotted to us by SIDCO was shown as Government in the Notification since it was classified as Grazing Lands/Poromboke land since the land was not transferred to SIDCO,s name in the revenue records after it was alloted to them by the District Collector,Vellore in 1987 to promote Small Scale Units. The land for the entire Industrial Estate was only transferred in 2012 to SIDCO hence no compensation was released to SIDCO.

SIDCO had written to us and said that once the compensation is received from NHAI they will pass it on to us.

Only 2 weeks back the CALA (Competent Authority for Land Acquisition) for NH ie the D.R.O.,at the Vellore Collectorate has written to NHAI asking them to release funds to SIDCO for the acquired lands.

I would be obliged if you guide us that whether we are eligible to receive compensation as per the new Land Acquisition Laws passed in 2013 and would it be valued as per today’s Government Guideline Value or as per the Guideline Value given in 2003 when the notification was issued.

Your kind advice will be highly appreciated. Regards.
Sujant Anbu.
Mob : +91 94422 12363
No 18 Jaganatha Nagar,
Gandhinagar,
Vellore - 632 006
(Tamil Nadu)
Isaac Gabriel (Expert) 19 November 2014
Submit your claim to the aquisition authrity.If refused you can resort to legal action.
Sujant Anbu (Querist) 19 November 2014
Sir Isaac Gabriel,
Thanks for your input.
NHAI will only reply to SIDCO as revenue records show land is in their name.We are to receive compensation from SIDCO after it is given by NHAI even though we have submitted MOU copies to NHAI and CALA regarding ownership.
Technically if the compensation is given and not acceptable by us do we resort to legal action on NHAI or SIDCO or both.
For SIDCO the legal action has to be raised in Chennai as per MOU entered with them and if names and contact details of lawyers in Chennai attending to such cases will be appreciated.
Regards
Devajyoti Barman (Expert) 20 November 2014
File writ petition in high court.
You Are eligible for old rate of compensation only.
Dr J C Vashista (Expert) 20 November 2014
Be precise in your query it is too long.
Engage a local lawyer for filing writ petition in High Court for getting compensation (through SIDCO if the land allotted to you is on lease, if on outright purchase then you shall get directly from NHAI).
Sujant Anbu (Querist) 20 November 2014
Respected Legal Advisors,
The alloted land was alloted to us on outright sale basis but MOU was only raised to prevent land misuse.
Since sale deed is not executed on us and land is in SIDCO,s name in revenue records whom do we file case against for compensation NHAI,SIDCO or both.
Since Notification was made in 2003 and orders was given to NHAI by CALA to release funds now in 2014 at what rates are compensation due.
T. Kalaiselvan, Advocate (Expert) 21 November 2014
Your vendor is SIDCO and you will have to seek remedies from SIDCO alone because as on the date of compensations by NHAI also the land either belonged to Government or SIDCO, you were not at all considered by the compensating authority. You may write/issue legal notice/sue SIDCO for your grievances in respect of compensation and other aspects. This is my understanding with the given facts, you may your own lawyer for further issues or proper remedies.
Sujant Anbu (Querist) 21 November 2014
Any Lawyers in Chennai who have handled cases with NHAI and like SIDCO will be welcome.
Raj Kumar Makkad (Expert) 21 November 2014
I do endorse the advice of T Kalaiselvan.
Dr J C Vashista (Expert) 22 November 2014
You may contact and consult Mr. T Kalaiselvan for engaging him and proceeding the case effectively, you need not worry and can totally rely upon him, he is an expert on the issue.
Sujant Anbu (Querist) 22 November 2014
Please could I get Mr T Kalaiselvans contact details and is he practicing in Chennai.
Recommendations to release compensation to SIDCO has been sent by CALA(Competent Authority for Land Acquisition) that is the DRO,Vellore Collectorate only 2 weeks back to NHAI but compensation has not been released to SIDCO.
I would like to thank all for your inputs and any other suggestions are welcome especially regarding whether compensation is to be made as per Land Guideline Value on the date of Notification made in 2003 or as per todays guideline value and as per Land Acquisition Act of 2013.
Thanking you and kind regards to all.
T. Kalaiselvan, Advocate (Expert) 22 November 2014
Thanks to expert Mr. Rajkumar Makkad sir for endorsing my views and thanks to expert Dr. Vashista sir for recommending my name. If the author is interested to consult me he can have my contact details from my profile and can fix an appointment with me.
Sujant Anbu (Querist) 23 November 2014
Sirs,
Thanks for all your inputs but there is no solution to compensation rates to be derived at from NHAI.
Will it be as per notification by NHAI done in 2003 or as per Land Acquisition Act 2013 since compensation is yet to be released and as per todays Guideline Value taken as the base amount.
Thanks and regards
Dr J C Vashista (Expert) 23 November 2014
Dear T. Kalaiselvan,
In fact being most competant and local lawyer in Chennai you deserve to be recommended to prespective client(s)as you are the only advocate in our list who can uphold the values of being called a true EXPERT on the subject matter, what I personally feel.
I have put up real scenario before the author of this query but not exaggarted any thing.
Warm regards
Sujant Anbu (Querist) 23 November 2014
Please let me know about the compensation that is eligible to us and other allotees.
Thanks and regards
T. Kalaiselvan, Advocate (Expert) 23 November 2014
Dr.Vashista sir, thank you once again for your recognition and appreciation, I feel honored and blessed to receive such commendations from great experts like you, shall continue my service with more enthusiasms through your motivating opinions.
@ Author: without seeing the relevant papers in your possession or knowing the complete details, no proper or full advise can be rendered. It is to be seen that on what basis the NHAI have compensated the SIDCO and what was the reaction by the SIDCO if they were compensated less and many other related issues are to be verified.


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