compensation land reacquired by goverment
Querist :
Anonymous
(Querist) 09 February 2011
This query is : Resolved
I live in jaipur my agriculture land was acuquired by state govt. and 20% residential and 5%commercial land was given in return but again (provisonal allotment was done but no pakka patta was given) again govt for its jaipur metro project has issued notices to acquire the land given in compensation . govt. will not devlop this land but insted will give it to jaipur metro rail corporation its company to auction it . now what are the options available to me ,kindly suggest ,is there any landmark ruling or decision by any high court or supreme court which can be used in this reference.kindly mention any provision if any. earlier , agricultural land initially was acuquired after we withdrdaw from high court a case against the concerend authorities and in mutual agreement in written we were given compensation.
Parveen Kr. Aggarwal
(Expert) 09 February 2011
You have two options, either to accept the acquisition or to challenge it.
In case you accept the acquisition, you will be entitled for compensation. If you are not satisfied with the award, you may file a reference under section 18 of the Land Acqisition Act, 1894 for enhancement of compensation.
In case you do not accept the acquisition, you may file a Writ Petition before the High Court challenging the notification under section 6 acquiring your land stating the grounds available to you.
Advocate. Arunagiri
(Expert) 09 February 2011
When the land is acquired, you can not challenge the acquisition, but you can challenge the fixation of quantum of compensation.
