a plot of land- compensation amount
natarajan nr
(Querist) 09 July 2009
This query is : Resolved
I had purchased a plot of land (2400 sq ft.) in Sriperumbudur, Chennai with my hard earned money (Rs. 1 lack in 2000) through VGP. Now I understand the Govt is contemplating acquiring it and intend to pay small amount by way of compensation. I would like to know
(i) Wil not the compensation amount at par with the market vallue? If so how the market value is determined since the govt will conveniently fix the same to their liking.
(ii) I understand there is a SC judgement that land acquired for use in the public interest(international airport) can not be alienated to a private party and take a huge amount from them thus depriving a small land holder of his hard earned money.
Can I be enlighted? I am living 1100 km away from Chennai.
sanjeev murthy desai
(Expert) 09 July 2009
Dear Natarajan,
The Governement has descriminatary power to acquired the land from the owner for the utilize of Public Purpose under the Land acquition act.
The Government should be compensated to you as per present market value. If you not satisfied their compensation amount you have the right to challange the acquire proceedings.
Y V Vishweshwar Rao
(Expert) 10 July 2009
1- Acquisistion is as per Act , you alone can not dispute !
2-Market Value as per basic value of Registration Office - Values
3- Market Value to be assessed as per the available Regd Sale Transations with in tree years prior to the date of acquistion Notification -
4- Compensation - Market Value + 30 % Solatium + 12% Addl amount and 9/15 % interst form the date of taking possesion to the date of payment of compensation .
5- File Your Claim Petition along with documetns - you can file the claim beofre the LAO through Regd Post
6- LAO will issue Notice to you to give statement - then only you can go to the Office of LAO/TN for Enquiry and give statement, claim Your assessed amoutn of compensation or you can appoint GPA for this purpose
7- You can protest the Quantum of compensation and file Petition u/s 18 of the Act and request for higher rate compesantion -This is after the LA Award is passed -It will be referred to Civl Court for adjudication of Yor Claim for enhanced rate of compensation - Reference to Civil Court after the LAO Award is passed . Receive the Compensation from LAo under protest and file Petition for Reference u/s 18 of the LA Act
natarajan nr
(Querist) 10 July 2009
Thanks to Mr. Sanjeev Desai and Mr. Vishweshwar Rao experts for the valuable information.
I understantd the govt is acquiring the area for handing over to a private party on BOT(Build Operate and Transfer) basis for construction of International Airport.And the revenue that will be generated by the govt on this count will quite naturally be much more than the compensation. I believe there is a SC judgement that the govt can not acquire land to be handed over to private party and thus make money as a middleman. Is it true?.
