Compensation for acquisition of right of use of land
Anil Kr Garg
(Querist) 14 August 2014
This query is : Resolved
Govt has issued a notification in Sept'12 for acquisition of RIGHT OF USE of our land for the purpose of laying their pipeline for gas. Actual work has not commenced on the project as yet. I am advised that they will give us compensation being 10% of the govt guideline value of the land area being utilised for such pipeline while theoritically, land will continue to remain ours, and we will be allowed to keep using it for agricultural purposes only.
Meanwhile, new land acquisition law has been enacted in 2013 offering 2/4times the market value as compensation and necessitating consent of 80% people.
My question is, will this new law be applicable to our case? Will they need consent of 80% people to take of LAND USE and lay their pipeline? Will they be obliged to pay 2/4 times the market value as compensation for land so acquired?
Kindly advise.
P. Venu
(Expert) 15 August 2014
Land Acquisition Act have no application. Provisions of Telegraph Act or similar provisions would apply.
Land is meant primarily for agriculture.
Raj Kumar Makkad
(Expert) 16 August 2014
You have not made representation within 45 days of the notification to LAC to enhance the compensation and have not made any appeal thereto before District Judge of your area hence you cannot take the benefit of new amended Act which is applicable with prospective effect and not with retrospective.
T. Kalaiselvan, Advocate
(Expert) 20 August 2014
You may contact a local lawyer who is conversant with land acquisition matters and take his further advise before proceeding.
