Question regarding land acquestion for nh by nhai.
raja
(Querist) 30 May 2014
This query is : Resolved
Hello All,
There is land acquisition notice for my land of 20 cents in regional daily and asked to appear before special revenue Officer.Still I have not received a direct notice or compensation but the notice refer to the old law of 1956. They have notified few land owners in nearby town and offered them very low compensation a year back.
Here are couple of questions.
1. If NHAI is acquiring land for national Highway, will it come under state govt jurisdiction or central govt jurisdiction?
2.I obviously want to get better compensation so what should be my strategy?
3. What do I need to do(plan) get better compensation?
4. One part of my land is chopped off from our irrigation well so What can I do to get a compensation for that?
5. How do I say that compensation offered was not fair when I meet the revenue official in charge of this acquisition?
6. I do hear that in some other acquisition in other part of our (TN)state(were started before 1/1/2014), land owners are delaying getting compensation since state govt (did)can extend the old law till 2015 but new law(Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013) provides option for retro clause where compensation is not distributed will be considered under new law.
All the replies are appreciated.
Thank you all.
ROHIT SHARMA
(Expert) 30 May 2014
1. The recent law(Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013) which provides option for retro clause where compensation is not distributed considered under new law shall come handy and you can approach the H.C. to stay the acquisition till the compensation terms are revised in your favor.
raja
(Querist) 30 May 2014
Thank you Mr Sharma.
If NHAI is acquiring land for national Highway, will it come under state govt jurisdiction or central govt jurisdiction?
Do I need to meet the revenue official or directly file stay in H.C?
ROHIT SHARMA
(Expert) 30 May 2014
1. You say that the land is being acquired by National Highway Authority of India then it should come under the Central Govt.
2. Yes, you should have preliminary discussion with the concerned competent aimed to have the issue of maximum compensation before you decide to move the H.C. You can quote the new law that has been enforced.
3. Be prepared with statistic of such acquisition done in your state and the compensation paid.
Rajendra K Goyal
(Expert) 31 May 2014
Any compensation if not justified as per law you have right to approach court, consult a local lawyer.
The compensation should be paid as per new law.
Saurendra Rautray
(Expert) 24 May 2015
Hi ,
Kindly note that the land acquired by the National Highway Authority and land acquired under the Land acquisition act 1894 are two different statue and hence land acquired by NHAI prior to Jan1, 2015 the New land act won't be applicable but any land acquisition done prior to 1 Jan 2015 the new Act would be applicable when it comes to compensation.
There have been cases where Land acquisition done under NHAI has been challenged stating that the land acquisition 1894 should apply and section J of the NH Act has been declared bad in law by some high courts.
Regards
Saurendra Rautray
Rautray& Co
(New Delhi)
www.rautray.com
09437008255
